Over the past twenty years, women’s human rights advocates have made significant gains in securing protection for women with gender-related claims of persecution within the United States. However, efforts to expand the legal rubric of refugee-asylum law to include gender-related forms of persecution have aroused controversy about inviting a flood of women from around the world fleeing gender violence. In this dissertation, I explore how fears of a flood of women asylum seekers have shaped the development of gender-based asylum jurisprudence in the United States. While it is envisioned as carrying out a humanitarian mandate, refugee asylum law continues to be embedded in and responsive to state efforts to systematically control the movement of populations across its territorial borders and to screen out asylum seekers deemed to threaten the composition of the nation. Through particular technologies of exclusion justified by flood fears, state actors undermined cases that could open pathways to citizenship for large numbers of migrants. Employing a methodology of feminist legal archeology combined with interviews of impact litigators, I demonstrate how efforts by feminist legal advocates to expand asylum protection to include gender-based persecution became entangled in efforts by state immigration officials and adjudicators to exclude particular women from protection. Thus despite the humanitarian commitments of refugee-asylum law and feminist legal advocates’ success in winning recognition of gender-based persecution, fears of an impending flood of refugees have resulted in exclusionary definitions of who can gain asylum on the basis of gender-based persecution.
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Women's and Gender Studies
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Rutgers University Electronic Theses and Dissertations
Rutgers University. Graduate School - New Brunswick
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