Unreformed: Towards Gender Equality in Immigration Law

32 Pages Posted: 21 Feb 2015

Date Written: February 15, 2015

Abstract

This Article advocates for comprehensive immigration reform that encompasses gender equality by including legislative provisions that benefit women. In this way, immigration law and policy can ameliorate the discriminatory effects of the explicit and implicit oppression against women that has characterized immigration law from its beginning.

Part I provides a basis to understand this legacy of oppression by exploring the subordination of women in immigration law. Since its inception as formalized federal law, immigration law has restricted the manner in which immigrant women could come to the United States and the type of immigration status benefits for which they could be eligible. Building on this historical foundation, Part II discusses the current state of immigration reform and comments on the continued oppressive measures that have infiltrated these proposals. Even though comprehensive legislative immigration reform remains elusive, this Part discusses a piece of proposed legislation that passed the Senate, the Border Security, Economic Opportunity, and Immigration Modernization Act of 20132 (“2013 Border Security Bill”). While the political process has likely stalled the chance of law reform passing in the current congressional session, the 2013 Border Security Bill serves as an illustrative case study in understanding current legislative trends and how they continue to disadvantage women. This Article concludes by discussing the feasibility and efficacy of a continued push for gender equality in immigration law and policy, given the environment of heightened anti-immigrant animus. Though change may be difficult to obtain, the history of immigration law teaches that the law has evolved to encompass more gender-neutral norms. Thus, equality will be achieved only through vigilant, unceasing efforts.

Suggested Citation

Olivares, Mariela, Unreformed: Towards Gender Equality in Immigration Law (February 15, 2015). Chapman Law Review, Vol. 18, 2015, Available at SSRN: https://ssrn.com/abstract=2567578

Mariela Olivares (Contact Author)

Howard University School of Law ( email )

2900 Van Ness St., N.W.
Washington, DC 20008
United States

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