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Asian Americans and U.S. Law

Legacies of War: The United States' Obligation Toward Amerasians (1993)

Robin S. Levi, 29 Stan. J. Int'l L. 459

You may recall from your Constitutional Law class the case of Nguyen v. INS, 533 U.S. 53 (2001), in which the Supreme Court upheld the constitutionality of 8 U.S.C. sec. 1409(a)'s requirements for a child born out of wedlock and abroad to a U.S. citizen father and a noncitizen mother. Although the law's requirements are far less stringent if the U.S. citizen is the child's mother, the Court found the gender-based distinction served an important governmental objective and upheld he statute against an equal protection challenge. 

The difficulties of establishing U.S. citizenship is just one of many difficulties faced by Amerasian children around the world. This article addresses some of those broader issues. Skim sections VI. and VII. (pp. 481-499).