ABSTRACT

This chapter examines the common problems and goals faced by women in the United States domestic law and immigration law settings. Female immigrants seeking refuge from abuse through asylum or Violence Against Women Act must overcome the biases and stereotypes which confine the understanding of gender violence. Advancing immigration law’s treatment of women requires advancing the definition of gender violence. In United States law, the right to privacy has been the judicial mechanism through which female access to such rights as contraception and abortion has been granted. Women comprise the majority of refugees, and domestic violence and other forms of gender violence often factor into their reasons for fleeing. Achieving female autonomy demands changing the law and the social stereotypes it supports. Progress in United States domestic law and scholarship continues to reinforce the need for such a dual strategy.