Forced Sterilization Is Persecution, Court Says
Recent Cases
A Chinese citizen should not be returned to her homeland due to the high probability that she would be forcibly sterilized, the 7th Circuit ruled.
Xiu Zhen Lin, the mother of three, protested a decision by the Board of Immigration Appeals that she had not shown that China's "one child" policy was "implemented through physical force or other means that would amount to persecution."
The board made this ruling despite a letter from the government of Lin's village, which stated that she would be subject to sterilization if she returned. The appellate court disagreed with the board's rationale.
"The implication," Judge Posner wrote, "is that if a government tells a religious heretic we are going to fine you $1 million for your heresy and if you cannot pay we will burn you at the stake, and the heretic cannot pay and therefore is executed, the burning of the heretic would not, in the board's view, amount to persecution."
A 2006 State Department report showed that China's policy is strictly enforced in Lin's home province of Fujian.
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U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.
The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.
TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement. This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.