Reading Room Document

Applications for political asylum by refugees who allege persecution under China's harsh and coercive family planning regime

The document is a letter from Walter Dellinger, the Assistant Attorney General, to Janet Reno, the Attorney General, regarding the legal issues surrounding applications for political asylum by refugees who allege persecution under China's family planning regime. The central question is whether the BIA's decision in Matter of Chang was correct and whether it remains good law despite Executive Order 12711. Dellinger concludes that the BIA correctly interpreted the INA in Chang and that the Executive Order is inconsistent with the statute. He recommends notifying the President of the determination and issuing an opinion affirming the denial of asylum eligibility for the applicants. The letter also suggests that if the Administration's policy is to recognize persecution based on coercive population control policies as providing presumptive eligibility for asylum, legislation should be the proper vehicle for this.

August 20, 1993