Protection for Chinese Nationals Who Have Provided Humanitarian Assistance to North Korean Escapees: Recent Developments in U.S. Immigration Law

Abstract

For many years, Chinese nationals threatened with torture or persecution for their role in helping North Korean escapees had little success gaining protection from removal in U.S. courts. In 2009 and 2010, however, some courts bucked this trend, showing a greater acceptance of both the dangers faced by Chinese nationals suspected of assisting North Koreans, and the political nature of their actions. However, inconsistency remains on the fundamental question of whether Chinese authorities have engaged in the persecution of individuals who have assisted North Koreans, or whether they instead have legitimately prosecuted them pursuant to Chinese law.