Sí, Tengo Miedo--Yes, I Am Afraid: How the Current Interpretation of Asylum Law is Contrary to Legislative Intent and What the Courts Should Do About It

This Note examines the current interpretation of asylum law and its misapplication when it comes to Central American asylees. Migrants from Central America who are escaping gang violence have long been neglected and overlooked. Thousands of them make the long and arduous journey to the United States borders only to be deported back to the violence they have been trying to escape. This Note first examines the history of refugee law in the United States and the recent actions taken in an attempt to stem the flow of Central American migrants into this country. This Note then demonstrates that Central American asylum seekers qualify as refugees and should therefore be granted asylum. Finally, this Note examines the ways in which Salvadoran migrants are eligible for political asylum and the ways in which the interpretation of the particular social group element of asylum law should be amended to include Honduran and Guatemalan migrants. By implementing the changes suggested in this Note, courts will be able to render consistent decisions that are in line with legislative intent