Solons Aim To Reverse Ruling Curbing Asylum for Chinese

Congress, led by members of New York's delegation, is considering whether to ease the granting of political asylum to those affected by China's forcible sterilization and abortion policies.

Any legislation would be in response to a ruling by a federal appellate court in Manhattan this month that reverses the Justice Department's broad interpretation of a law granting refuge to those targeted by China's family planning regulations. In some regions in China, couples that have more than one or two children face forcible sterilization or are made to have additional pregnancies aborted.

For more than a decade America's policy has been to grant asylum to not only those who underwent forced surgeries but also to their spouses, even if those spouses immigrate alone. Saying that this policy encouraged husbands to abandon their wives to come to America, the 2nd U.S. Circuit Court of Appeals ruled that only the person operated upon was eligible for asylum status.

A budget amendment passed the House last week that would prohibit the Justice Department next year from using any funds to enforce the ruling. The amendment would presumably prevent Justice Department personnel from playing any role in enforcing, or defending, deportation orders issued under the recent ruling. The 2nd Circuit's ruling is binding in New York, Connecticut, and Vermont, but is in opposition to other circuits.

"Our policy has appropriately recognized that the persecuted includes not just the person sterilized, but the partner or spouse," Rep. Vito Fossella, a Republican of Staten Island who introduced the amendment, said. "We should err on the side of giving these individuals a break."

Rep. Jerrold Nadler, a Democrat whose district includes a small portion of Chinatown, called the 2nd Circuit's decision "ridiculous" and said legislation to broaden political refugee status would likely be introduced.

"We can just clarify the law and add the word spouse," Mr. Nadler said. "I think there are good odds on it."

Despite his agreement with Mr. Fossella on the underlying issue, Mr. Nadler opposed the Staten Island legislator's funding amendment.

"It was an ignorant and absurd thing to do," Mr. Nadler said of the amendment to bar the Justice Department from spending money to comply with the court order. "It's saying we're in a lawless world, to say we are not going to enforce a court order because we don't agree with it."