Brigham Young University Prelaw Review


Immigration, female refugees, gender discrimination, gang violence, gender law, border


The United States laws, regulations, and political discourse surrounding migration is rife with varying sensitivities. These include but are not limited to the physically, emotionally, and mentally exigent circumstances that cause women and girls of many ages and nationalities to flee their home countries for the United States. Because of the structure of American immigration law and the impactful measures taken by the Trump administration, we argue the language found in the Immigration and Nationality Act neglects to address gender-specific persecution, which renders the already difficult process of seeking asylum still more challenging for women hoping to migrate to the United States. In light of the data that illustrate the complexity, nuance, and ardor experienced by those navigating our immigration system, we argue for an adjustment in the legal language to better protect the females seeking refuge in the United States. Inherently, gender has a direct effect on all aspects of life including the circumstances of asylum seeking. We argue that the law must necessarily reflect this reality in order to better serve current and future Americans notwithstanding gender.