Does the prospect of arranged marriage and abuse warrant asylum in the US?
An immigration judge said no, but an appeals court panel found a valid fear of persecution.
from the March 23, 2007 edition
Page 2 of 3
Clement says such policy decisions should be made by the executive branch, not unelected members of the judiciary.
"The court of appeals' error is especially significant because it reached out to identify a broad new category of aliens (women in arranged marriages) entitled to seek asylum," Clement writes in his brief. The appeals court decision "has far-reaching ramifications for immigration policy in light of the fact that approximately 60 percent of marriages worldwide are arranged," he says.
In the case at hand, Gao is from a part of China where it is common in arranged marriages for a would-be husband to offer a cash payment to the future bride's family. In exchange, Gao was to become the man's wife after her 21st birthday.
Gao's mother spent the money to pay family bills and debts. Gao has said that at first she had no objection to her future husband. But she later discovered that he had a bad temperament and gambled, and she says he beat her.
When the relationship soured, the potential husband tried to get his money back, but it had already been spent. Gao moved to a different city in China to get away. But the man continued to harass her family. Finally, Gao and her mother decided she should go to the US. They made arrangements with a smuggler and obtained a fake passport.
Under US immigration law, anyone deemed a "refugee" may be granted asylum. To qualify, an individual must show a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.
In most cases, the persecution is meted out by a government. But the Second Circuit said in the Gao case that persecution could also stem from a personal relationship in combination with government-enforced customs.
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