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Ethno-Nationalism And Asylum Law, Anna R. Welch, Emily L. Gorrivan
Ethno-Nationalism And Asylum Law, Anna R. Welch, Emily L. Gorrivan
Maine Law Review
The myth that asylum laws were once more equitable and humanitarian is belied by the reality of the system’s racist origins. This Essay explains that the U.S. asylum system, like much of the U.S. immigration system, was designed to disadvantage people of color. Indeed, although former President Trump’s reference to Haiti, El Salvador, and African nations as “shithole countries” while advocating for immigration from “countries like Norway” exacerbated systemic challenges, racism has been deeply ingrained in the U.S. asylum system since its inception. Not only do U.S. laws and policies have a disparate impact on black asylum seekers but, when …
Taking The "Fam" Out Of Family: Adjudicating The State Department's Discriminatory Treatment Of Same-Sex Parents On The Merits, Camrin M. Rivera
Taking The "Fam" Out Of Family: Adjudicating The State Department's Discriminatory Treatment Of Same-Sex Parents On The Merits, Camrin M. Rivera
Maine Law Review
Cisgender same-sex male married couples, unlike cisgender opposite-sex married couples, will always require artificial reproductive technology (ART) for at least one of the spouses to attain biological parenthood. Due to legal and financial barriers to ART, many of these couples turn to international ART services to grow their families. In doing so, these families may face immigration battles when they apply for recognition of their child’s United States citizenship. For example, a prior State Department policy sparked three lawsuits after the State Department refused to recognize children as United States citizens from birth because the children were not biologically related …