Attorney General Michael Mukasey has properly intervened in a case that was mishandled by the Board of Immigration Appeals. The Attorney General issued a critical order accusing the BIA of using "flawed" rationale.
The specific case involved a female from Mali, who sought asylum from her Bambara tribe. She had previously been the victim of female genital mutilation(FGM), a practice common in some parts of Africa wherein a young girl's genitalia are partially removed.
The BIA refused to grant her claim for asylum citing the fact that she had already undergone the procedure, so she had nothing to fear.
The Attorney General properly intervened and pointed out that the asylee had a young daughter who would be subject to the procedure if forced to return to Mali. In addition, female genital mutilation is not a one-time event. It can be repeated several times over a woman's life.
FGM is a very controversial practice. Local tribes defend the practice as having significant cultural and religious meaning. Most advocates in Western cultures decry the practice as barbaric and a gross violation of women's rights.
The caviler approach of the BIA is shocking considering the fate of women who face the return to these practices.
The courts should recognize that our asylum laws should be administered according to our own standards of individual freedoms. Without passing judgment on other cultures, when those threatened by FGM arrive on our shores, our great nation needs to afford protection against the practice of FGM.
Only a small percentage of asylum claims are granted here in the United States. Asylum officers in many cases become jaded, cynical, and biased against those who seek refuge from persecution. Perhaps the next administration can set a more humanitarian and ethical standard for the BIA to apply in these important cases.
Tuesday, September 23, 2008
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