Birdsong's Law Blog

Daniel Burgess was a student in Professor Birdsong’s  Refugee and Asylum course last spring.  He has written an interesting paper that derives from his examination  and research  concerning China’s one child policy.  Mr. Burgess addresses the issue of whether an unborn child should be granted asylum. There is an ongoing debate about whether a fetus is a person.  Why not read it and learn something.  Mr. Burgess is a good creative writer and thinker.

Life, or Something Like It

A Reflection on China’s One-Child Policy and its Effects on the Unborn

Daniel W. Burgess, Jr.

April 22, 2010

 Introduction

 “Give me your tired, your poor, your huddled masses…” and your unborn. [1] There are many unfortunate individuals living in parts of the world who are “yearning to breathe free” from persecution. But there is a persecuted class that is yearning for a chance to breathe its first natural breath: the unborn. Worldwide, laws tend to view the unborn as merely a fetus and not as a human life. They do not share the same rights as a viable human living outside his or her mother’s womb. They are viewed as less than human by the laws of man. 

This paper addresses whether an unborn child should be granted asylum. There is an ongoing debate about whether a fetus is a person. The pro-choice camp would argue that a fetus is not afforded the protection of law until it is a viable life, while those in the pro-life camp would argue that a fetus is a person from the moment of conception. The reality is that until a fetus is universally recognized as a person, an unborn child will continue to be the subject of a form of persecution that strips their life away before they were ever given the chance to live it.

This author initially became interested in immigration and refugee law while visiting Hope Community Center in Apopka, Florida, during the summer of 2009. I was enrolled in a social justice seminar that was discussing immigration reform. Hope Community Center is run by the Sisters of Notre Dame de Namur, a Roman Catholic religious order. In 2009, the Sisters were named Orange County’s Citizen’s of the Year for their work with the poor and migrant community in Central Florida. Their mission is to strengthen and support the working poor and immigrant communities of Central Florida through faith, advocacy, education, leadership and economic development programs. [2]

During my visit, I was able to meet with many immigrants who came to the United States to escape the horrible living conditions of their homeland in search of a better

Kurt Bressler is one of Professor Birdsong’s brightest students.  Mr. Bressler who has travelled in Germany and Austria took my Refugee and Asylum Law course in 2008.  He wrote his seminar paper on violence against foreigners in Germany.  Late last year he expanded on his paper to satisfy his upper level requirement for graduation.  He has given me permission his expanded paper on my blog.  He makes some good points about violence against foreigners in Germany that might just apply universally.  Have a read:

Immigration Reform and Violence Against Foreigners in Unified Germany

Kurt Bressler, J.D. Candidate 2010, Barry University School of Law

 I. Introduction           

            Since the fall of the Berlin Wall, Germany has struggled in its quest for an effective and all encompassing solution to the dichotomy between its immigration laws and the omnipresent xenophobic violence associated with them. In reality, this is not a problem which is unique to Germany; all countries struggle with racist violence in one form or another. Historically though, Germany has shown a correlation between the passing or relaxation of its immigration laws and a spike in racist violence, especially in the area formerly known as East Germany.

            An example of the racist violence faced by non-ethnic Germans can be seen in the United States asylum application filed by Zakia Mashiri.[1]Zakia and her husband are natives of Afghanistan who lived in Germany following the fall of the Berlin Wall. On numerous separate occasions, the Mashiri’s were subjected to violence based on their non German background. One such incident occurred when Zakia’s husband was severely beaten in his taxi after being subjected to racial slurs and threats.[2]He was also beaten in a similar fashion on several other occasions. The Mashiri’s son was also beaten by neo-nazi’s several times while returning home from school.[3] Each time, the reason for the attack was explicitly stated: Germany is for German’s. 

            Another poignant example of the violence endured by foreigners in Germany occurred in November of 2007. A group of eight Indian asylum seekers were chased

 This problem is posted for Professor Birdsong’s first Immigration Law Class on August 24, 2010.  Students are advised to read the problem thoroughly and be prepared to discuss preparing an immigration scheme for Guadeloupe.  This  problem is designed to prepare students for the issues they will need to learn in this course.

This is an important primer.  Be prepared for class!

Part II  –    The Problem

 [N.B. Please do not undertake outside or additional research on the country of  Guadeloupe, or the make up of the people or the government there as listed in this examination.  Accept all facts in the problem herein as true and dispositive  for purposes this examination. ]      

Assume for the purposes of this paper that it is now the month of May in the year 2013.  Assume further that the country of Guadeloupe which had first become a possession of France in 1635, and was until recently a Department of France (State), declared its independence and seceded from France in a bloodless coup led by Anon Zenon, leader of the Christian Movement for the Liberation of Guadeloupe on January 1, 2010.

As you may be aware, Guadeloupe is an archipelago of nine inhabited islands in the eastern Caribbean Sea just south of St. Barts and just north of Martinique (See Map). The land mass is ten times the size of Washington, D.C. Guadeloupe is inhabited by 500,000 people who were citizens of France until secession. The capital is Basse-Terre. The four ethnic groups who make up the population of the county are: black or mulatto 90%, white European 5% East Indian, 3% Lebanese 1% and Chinese 1%. Ninety five percent of the inhabitants are Roman Catholic; Hindus comprise 3 per cent of the represented religions; Protestants are 1%; and various traditional African religion represents 1% percent.

Guadeloupians are very religious people and their main reasons for seceding from France were the belief among many in Guadeloupe that France had lost its Catholic roots and was drifting into becoming a secular society while at the same time realizing that one third of the present day population of France were Muslims whose worship is Islam.

The charismatic Anon Zenon had for many years led the Christian Movement for the Liberation of Guadeloupe.  At independence Zenon was made President of the new democracy of  Guadeloupe

Section 207 of the INA provides that the President of the United States, after appropriate consultation, justified by grave humanitarian concerns, may fix a number of refugees to be admitted to the United States during the succeeding year.

Follow the link below to see the numbers of overseas refugees admitted:

Following this link will help students in Professor Birdsong Refugee Law Seminar better distinguish Withholding of Deportation from political asylum:

http://www.vkblaw.com/law/withholding.htm