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Hastings Women’s Law Journal

Authors

Jamie Jordan

Abstract

As a result of China's enactment of the one-child policy in the 1970s, the United States was confronted with a new type of asylum applicant: Chinese citizens who were seeking asylum based on a coercive population control scheme. This Note reviews the United States' attempts to cope with this influx of Chinese asylum applicants. The first section describes the one-child policy and the coercive methods with which it was implemented. Section two outlines how the United States has attempted to offer some protection under its asylum laws to those who have fled China to avoid the one-child policy . Finally, section three explains the current process for receiving asylum based on coercive population control, taking into account the applicable provisions of the REAL ID Act of 2005. The REAL ID Act has the potential to finally offer these asylum applicants the same protections as other applicants, even if receiving a grant of asylum is now harder for everyone.

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