This Comment focuses on the need for statutory change in order to address the policy concerns of family unity and to protect asylee children. Part I looks at how the current state of immigration law stands in relation to derivative asylum claims. Part II examines how courts have interpreted current asylum law and the inconsistency and shortcomings of such judicial interpretations. Part III examines policy concerns associated with the child-parent derivative asylum issue, specifically family unity and practical child protection. Finally, Part IV makes two recommendations: 1) legislative change to current asylum law to allow derivative relief for parents of asylee children, and 2) a request for affirmative guidance from the Board of Immigration Appeals (BIA) on asylum eligibility standards for parents of U.S. citizen and LPR children who fear persecution in their parents' home country.
Lisete M. Melo,
When Children Suffer: The Failure of U.S. Immigration Law to Provide Practical Protection For Persecuted Children, 40 Golden Gate U. L. Rev.