Coercive Population Policy

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Circuit Court Precedent Decisions Involving CPC Documentation

 Qiu Yun Chen v. Holder, 12-2563 (7th Cir. 2013)
(Opinion by R. Posner; Counsel for Petitioner: Theodore N. Cox)

Ji Cheng Ni v. Holder, No. 12-2242 (7th Cir. 2013)
(Opinion by D. Wood; Counsel for Petitioner: Gary J. Yerman)

 

Court Decisions

Opinion of Immigration Judge Charles M. Honeyman' for IJ.dec.h

Opinion of Immigration Judge William Van Wyke' for IJ.dec.vw

General Documents

1

Docs\General\1.BBC.2012.pdf

BBC News, New ‘late-term abortion’ row in China’s Fujian Province (July 10, 2012)

2

Docs\General\2.RFA.2012.pdf

Radio Free Asia, Forced Abortion at Eight Months in Fujian (June 27, 2012)

3

Docs\General\3.NYT.pdf

Edward Wong, Forced to Abort, Chinese Woman Under Pressure, The New York Times (June 26, 2012)

4

Docs\General\4.TIME.pdf

Hannah Beech, China:  Forced-Abortion Victim Promised $11,200, but Family Fears for Life, Time (July 13, 2012)

5

Docs\General\5.slogans.pdf

Promotional Slogans of the One-child Policy in China’s Countryside (June 18, 2012)

6

Docs\General\6.BBC.slogans.pdf

Viv Marsh, China to overhaul ‘threatening’ one-child slogans, BBC News (Feb. 27, 2012)

7

Docs\General\7.shanghai.pdf

Li Qian, Woman caught and sterilized after second birth, ShanghaiDaily.com, http://www.shanghaidaily.com/article/print.asp?id=486288

8

Docs\General\8.rfa.sterilization.pdf

Hai Nan, Woman Flees Forced Sterilization, Radio Free Asia (Jan. 12, 2012), http://www.rfa.org/english/news/china/child-01122012145358.html

9

Docs\General\9.peoplesdaily.pdf

Li Qian, Gentle Reminders to Replace Ugliness, People’s Daily Online (Feb. 27, 2012), http://english.peopledaily.com.cn/102774/7741211.html#

10

Docs\General\10.rfa.abort.pdf

Qiao Long, Women Forced to Abort, Radio Free Asia (Feb. 3, 2011), http://www.rfa.org/english/news/china/abortions-02032011105802.html

11

Docs\General\11.changle.neibu.pdf

Notification with Regard to Serious Implementation of Population and Family Planning Program in October, November and December, Leading Team of Population and Family Planning of Changle  (Dec. 31, 2009)

12

Docs\General\12.chen.hua.pdf

Documents relating to CHEN, Hua - Chinese national with two foreign-born children who was sterilized after returning to Fujian Province submitted in an asylum case.

14

Docs\General\14.consular.investigation.pdf

Report of Investigation, American Consulate General, Dep’t of Homeland Security - following a request from ICE to verify unsigned Chinese government documents submitted in Shou Yung Guo v. Gonzales, 463 F.3d 109 (2d Cir. 2006) and Matter of S-Y-G-, 24 I&N Dec. 247 (BIA 2007), American Consulate General in Guangzhou determined that the evidence was authentic.

15

Docs\General\15.foia.pdf

FOIA retrieval indicating private contractor authored family planning section of State Department’s 2007 Profile of Asylum Claims and Country Conditions

 

Docs\fujian.BG.oct.2011.pdf

Docs\Fujian.index.OCT.2011.pdf

Fuzhou Changle  
Docs\Fuzhou.Changle\Changle.Guhai.charts.2009.pdf Progress Report Charts for Guhuai in 2009:  Provides progress on family planning work throughout Changle, including listing the number of sterilizations and abortions performed, and the required quotas for each township/neighborhood during the relevant time period.
Docs\Fuzhou.Changle\Changle.Jinfeng.Report.April.2009.pdf Report on Jin Feng Township Family Planning Work, Jin Feng Township Party and Government Administrative Office (4/17/2009):  Provides that Jin Feng Township has been weak and “ranked the bottom few” in 2009, and so calls for intensification of family planning work, including sending out “hidden investigators,” reaching 70% materialization rate for sterilizations on families with two female children, “[s]trictly control extra births after having one boy,”and intensify the effect of rewards and penalties.  Family planning leaders who cannot improve their work “will be suspended and they will be deposed."
Docs\Fuzhou.Changle\Changle.Jinfeng.Reward.Punishment.Mar.2009.pdf Temporary Reward and Punishment Stipulations on Further Improvement of Family Planning Work Responsibilities, Jin Feng Township Population and Family Planning Leadership Group (March 31, 2009):  Provides implementation plan for Changle’s target management responsibility system to “ensure the comprehensive fulfillment on the goals” set for 2009. Provides for monetary awards and penalties based on fulfillment of quotas and targets, and allows for suspension and termination of family planning leaders.
Docs\Fuzhou.Changle\Changle.Jinfeng.Stipulations.May.2009.pdf A Few Stipulations on Further Enhancing the Standards for “Double Check-ups” Work, Jin Feng Township Population and Family Planning Leadership Group (May 18, 2009):  Details the comprehensive monitoring of women (“targets”) in Jin Feng; all women under the age of 40 must have three pregnancy and birth control checkups a year; women whose husbands are permanent residents abroad must be checked once a year, unless the husband returns home, in which case they will have ‘normal’ checkups; overseas women will also be managed—if they return home they will also be required to have ‘normal’ checkups.
Docs\Fuzhou.Changle\Changle.Population.Family.Planning.Bureau.Assessment.Dec.2010.pdf On Assessment, Award and Punishment Methods for 2011 Annual Population and Family Planning Work, Chang Le City Population and Family Planning Leadership Group Document (December 15, 2010):  Details the target management responsibility system in Changle, including points awarded and deducted based on meeting population targets and quotas (e.g. sterilization rate is 20 point), and monetary awards and penalties for family planning cadre (e.g., top township in annual assessment awarded RMB 100,000, while lowest penalized RMB 100,000)
Docs\Fuzhou.Changle\Changle.Population.Family.Planning.Bureau.Notice.Dec.2010.pdf Notice on How to Execute Family Planning Work among Floating Population during the New Year and Spring Festival Holidays, Chang Le City Population and Family Planning Bureau Document (December 20, 2010):  Initiates a family planning campaign during a holiday period when the ‘floating’ population of migrant workers returns home to ensure its compliance with family planning laws.
Docs\Fuzhou.Changle\Changle.Population.Family.Planning.Leadership.Announcement.May.2009.pdf Announcement on Diligently Implementing the Population and Family Planning Work in May, June and July, Chang Le City Population and Family Planning Leadership Group Document (May 7, 2009):  Initiates a “one-hundred day campaign” for family planning, focusing on “remedial measures” and materializing long-term birth control methods; states that officials should “avoid going through formality” in carrying out their family planning work; also provides a “Guiding Index on Four Surgeries and Social Child Support Fees,”listing the targets and quotas for the family planning campaign.
Docs\Fuzhou.Changle\Changle.Population.Family.Planning.Leadership.Notice.Dec.2008.pdf Notice Regarding the Conducting of Major Citywide Family Planning Clean-Up Work, Changle City Population and Family Planning Leadership Group Document (December 24, 2008):  Initiates a family planning campaign for all towns and villages in Changle at the turn of the new year in 2008-2009 to ensure that population targets are met, e.g., “the number of sterilization completed for persons with two daughters must be over 80% of the target assigned for the first half of the year;” the campaign time frame is chosen to take advantage of the “large number of departed workers return[ing] home for the New Year’s Day and the Spring Festival."
Docs\Fuzhou.Changle\Changle.Shouzhan.Committee.Announcement.Dec.2008.pdf Shou Zhan Township Announcement on Efficiently Implementing Family Planning Work During the New Year and Spring Festival of 2009, Chinese Communist Party Chang Le City Shou Zhan Township Committee (December 31, 2008):  Initiates a family planning campaign in Shouzhan to ensure population targets are met for the year; urges family planning officials to go door-to-door to “materialize measures,”and sets population targets and goals and corresponding punishments and rewards associated with meeting the targets; authorizes the use of force to collect “social child support fees."
Docs\Fuzhou.Changle\Changle.Shouzhan.Leadership.New.Marriage.Dec.2008.pdf New Types of Marriage, Childbearing and Policies, Shou Zhan Township Population and Family Planning Leadership Group (December 1, 2008):  Describes standard family planning policy rules and penalties, including: “[a]fter having two children, one of the couple is to be sterilized whether the second child is a boy or a girl” and economic penalties consisting of two to three times an urban resident’s salary, or the average income of a rural resident’s income.
Docs\Fuzhou.Changle\Changle.Shouzhan.Leadership.Standards.Dec.2008.pdf Shou Zhan Township Standards for Social Child Support Fee Collection,  Shou Zhan Township Population and Family Planning Leadership Group (December 26, 2008):  Calculates economic penalties for unauthorized births.
Docs\Fuzhou.Changle\Changle.Tantou.Fighting.Month.Dec.18.2009.pdf Tantou Town’s Implementation of “Fighting Month” for Family Planning, Family Planning Leading Group of Tantou Town (December 18, 2009):  Notes the new campaign, the “Fighting Month” for meeting family planning targets and quotas, includes a progress chart on meeting these goals, and notes that family planning officials will be rewarded or punished depending on their fulfillment of targets.
Docs\Fuzhou.Changle\Changle.Tantou.Fighting.Month.Dec.4.2009.pdf Tantou Town’s Implementation of “Fighting Month” for Family Planning, Family Planning Leading Group of Tantou Town (December 4, 2009):  Notes the new campaign, the “Fighting Month” for meeting family planning targets and quotas, includes a progress chart on meeting these goals, and notes that family planning officials will be rewarded or punished depending on their fulfillment of targets, including sterilization operations for those with two children.
Docs\Fuzhou.Changle\Changle.Tantou.Notice.Dec.2009.pdf Notice of Strengthening of Family Planning Work of Tantou Town, Family Planning Leading Group of Tantou Town (December 2, 2009):  Notes local policy requires IUD after one birth, and sterilization after two births; states that “[i]n each village, there are many Chinese women whom have given birth to two children in a foreign country.  Regardless of whether their children have foreign nationality, those Chinese women are required to return to China and undergo sterilization operation.  Unless they change their nationalities, then they may be exempt from sterilization."
Docs\Fuzhou.Changle\Changle.various.towns.charts.2009.pdf Progress Report Charts for Changle in 2009:  Provides progress on family planning work throughout Changle, including listing the number of sterilizations and abortions performed, and the required quotas for each township/neighborhood during the relevant time period
Docs\Fuzhou.Changle\Changle.YingQian.Current.Policy.pdf The Current Family Planning Policy and Policy of Birth Control Technology, The Family Planning Committee of Ying Qian Town:  Provides “for a couple who has two children, at least one of the couple is required to have sterilization;” economic fines for a couple violating the policy by having an additional child is two to three times the aggregate income of the couple, and “much heavier fee” for additional children thereafter.
Docs\Fuzhou.Changle\Changle.YingQian.QandA.pdf Q&A on the Basic Knowledge of Population and Family Planning of Ying Qian Town,  Family Planning Committee of Ying Qian Town:  Provides that couples must have an “IUD placement after one child; sterilization after two children,” and in the case of an unwanted pregnancy, “immediately practice[] remedial measures.”
Docs\Fuzhou.Changle\authentication.Changle.docs.Sapio.pdf Affidavit of Flora Sapio regarding authenticity of certain government documents from Changle (September 1, 2010)

 

Fuzhou Other  
Docs\Fuzhou.other\Cangshan.Additional.Regulations.April.2008.pdf Additional Regulations Concerning “Three Types of Legal Rewards” Task of the Population and Family Planning Bureau, Cangshan District, Cangshan Family Planning (April 30, 2008), http://www.fzcangshan.gov.cn/mulu/shownews2.asp?news_id=418:  New family planning regulations for Cangshan District, providing that “couples with two daughters must undergo sterilization surgery within three months after the birth of their second child,” and that violations of regulations must be “investigated seriously” and penalized.
Docs\Fuzhou.other\Guantou.Campaign.pdf The Campaign of “Bringing the New Custom of Marriage and Child-bearing into Thousands of Households” in Guantou Town, Family Planning Publicity Materials, The People’s Government of Guantou Town:  Provides that “women with two or more children are required to perform the sterilization,” and “[r]emedial measures should be taken for unauthorized pregnancies (such as abortion or induced labor abortion).”
Docs\Fuzhou.other\Guantou.Notification.July.2007.pdf Notification with regard to the Issues on Stepping Up the Implementation of the Population and Family Planning Policy, The People’s Government of Guantou Town (July 26, 2007):  Requires family planning officers to “step up the implementation” of their work and “complete the missions of required birth induction, sterilization, and collection of social maintenance fees.”  Provides “[i]f the target of induced labor abortion, sterilization, and collection of social maintenance fees is under control by other village, then the target’s local village will have to implement the missions of induced labor abortion, sterilization, and collection of social maintenance fees within 12 hours.”  Family planning officials that do not do so will be warned and fined.  Individuals who have children born above the quota will be fined 2 to 3 times their annual disposable income.
Docs\Fuzhou.other\Guantou.Notification.June.2009.pdf Notification with regard to the Issues on Stepping Up the Work of the Hundred-Day Battle on Population and Family Planning Work, The People’s Government of Guantou Town (June 11, 2009):  Details a family planning campaign, the “Hundred-Day Battle on population and family planning, complete the missions of required abortion, induced labor abortion, sterilization, and collection of social maintenance fees,” whereby officials must “[s]tep up the implementation of birth control measures.  Provides for rewards and penalties depending on family planning progress.
Docs\Fuzhou.other\Guantou.Notification.March.2008.pdf Notification with regard to Tightening of this year’s Implementation of Birth Control Measures, The People’s Government of Guantou Town (March 16, 2008):  Provides that officials must “step up your efforts on population and family planning, especially step up this year’s implementation of birth control measures and its long-term effects, women with two ore more children are required to perform the sterilization.”
Docs\Fuzhou.other\Guantou.Notification.May.2007.pdf Notification of Several Conference Issues Regarding the Solid Tackle of the Settlement of “Four Techniques” of Family Planning for Months of May, June, and July and of “Critical Remedial Measures,” Guantou Township Committee Document (May 10, 2007):  Details a family planning campaign from May 1, 2007 to July 31, 2007, during which time villages must reach family planning targets; rewards and punishments for reaching these goals are also detailed, e.g., 50 yuan reward for completion of sterilization, while a 100 yuan fine is imposed for each ‘missing completion.
Docs\Fuzhou.other\Langqi.Notice.Aug.2009.pdf Basic Knowledge of Population and the Family Planning, Family Planning Office, Langqi Town, Public Education (Announcement or Declaration) Family Planning Association:  Provides that “[a]fter one child, on[e] has to get IUD insertion and after two children, one has to be sterilized.”
Docs\Fuzhou.other\Langqi.Notification.Aug.2009.pdf Notification on Further Reinforcement of Family Planning Work, Family Planning Office of Langqi Town, Langqi Economic District, Fuzhou City (Aug. 30, 2009):  Addresses the issue of returning nationals, and states “[f]or overseas Chinese ‘backflow’ from abroad, who have ever given birth inside or outside of the country, regardless whether or not their children have obtained foreign nationalities, all parents without exception are subject to our town’s family planning goals, and will be managed by current family planning management measures.”  “Women who are pregnant outside the plan, shall undergo [dilation and curettage] abortion or induced-labor abortion, and if nature of violation is bad, ‘one party of the couple’ shall resolutely undergo sterilization.”
Docs\Fuzhou.other\Langqi.Progress.Report.100.day.battle.Aug.2009.pdf Report on the Condition of Recent Progress of Population and Family Planning Program of Langqi Town, Family Planning Office of Langqi Town (August 17, 2009):  Details progress on the “100-Day Battle” to “firmly grasp the family planning work.”  Notes “148 instances of lack of sterilization (including 42 instances of lack of sterilization after having two daughters),” and so provides that “[v]illages and residences. . . shall further strengthen consciousness of mission, increase esprits de corps, charge through the front lines, actively take all available measures, and fully facilitate the implementation of long-term contraceptive measures.”
Docs\Fuzhou.other\Lianjiang.announcement.Dec.2010.pdf Announcement on Launching Countywide Massive Family Planning Clean-up Work, Lian Jiang County Population and Family Planning Leadership Group Document (December 24, 2010):  Details a new family planning campaign “to stop the extra births beyond the quota” through strict adherence to ‘four surgeries,’ ‘social child support fees,’ and ‘double check-ups’ targets.  Calls for entering homes to conduct a survey with emphasis on “the materialization rate” for four surgeries, stating “[t]ake every measure possible to raise the materialization rate.”  The materialization rate for sterilization of families with two girls is 80% for the first half of the year.  Officials who do not meet goals will face “great severities” and assessed as “not qualified for the jobs for that year and will also be disciplined in other ways.”
Docs\Fuzhou.other\Lianjiang.booklet.pdf Family Planning Promotion Booklet, Family Planning Council of Lianjiang, Family Planning Association of Lianjiang:  Provides guidance on adhering to Fujian’s Family Planning Regulations, including penalties of 2 to 3 times total income for having more than one child, and stating that “ligation” is “to be used” after having two children
Docs\Fuzhou.other\LongTian.Implementation.Decision.June.2008.pdf Implementation Decisions on Executing Document #5 by the Chinese Communist Party Fuqing Municipal Committee, Proactively Fulfill the Second Round of Population and Family Planning Work in 2008, Chinese Communist Party Long Tian Committee, Long Tian Township People’s Government (June 16, 2008), http://www.fuqing.gov.cn/Article_zwnew.asp?zwgkID=2831:  Details a campaign to “work hard in one hundred days, fight the best battles, and comprehensively complete the second round population and family planning tasks in 2008;” provides that officials should “continue to use escort service method to help materialize the remedial measures and long-term birth control methods such as ‘IUD installation for couples with only one child, sterilization for couples with two children;’” and details punishments for family planning violators and officials who fail to meet targets.
Docs\Fuzhou.other\Guantou.Notice.May.2007.pdf Notice of Establishing Special Operation Command for Family Planning One-Hundred Day Campaign to Clear Up Backlogs of “Four Surgeries” and to Implement “Critical Remedial Measures,” Guantou Township Committee Document (May 10, 2007):  Establishes the commanding office structure to implement the “one hundred-day campaign,” including a “Search and Arresting Group,” whose major responsibility is to “search and arrest the rule breaker.  If women is confirmed to be pregnant without permit, send them to the County Hospital.  Implement critical remedial measure.”
Docs\Fuzhou.other\Guantou.Announcement.Dec.2005.pdf Announcement of the Further Improvement of the Family Planning Work, Lianjiang County Guantou Township (December 27, 2005):  Determining that “all the returning oversea Chinese, who do not have citizenships of other countries, shall follow the laws and regulations regarding family planning of the state and Fujian Province,” including family planning laws.  Family planning policy includes, “[f]or those pregnant out of the plan, shall be aborted.  One party of the couple shall be sterilized if the nature of the violation is very serious.”
Docs\Fuzhou.other\Tiangjiang.report.Dec.2009.pdf

Tiangjiang Town Year 2009 Family Planning Work Report, Fuzhou City Mawei District Tingjiang Town People’s Government Document (December 1, 2009):  Details quota and target figures for 2009, including number of ‘four procedures’ which includes sterilization and abortion operations; demonstrates local adherence to the target management responsibility system, with explicit reference to the “award and punishment” system.  Provides that an “existing problem” is not perfectly fulfilling the four procedures quota.

 

Fujian.Fuzhou.other

Docs\Fujian.Fuzhou.other\Cangshan.Additional.Regulations.April.2008.pdf

Docs\Fujian.Fuzhou.other\Guantou.Announcement.Dec.2005.pdf

Docs\Fujian.Fuzhou.other\Guantou.Campaign.pdf

Docs\Fujian.Fuzhou.other\Guantou.Notice.May.2007.pdf

Docs\Fujian.Fuzhou.other\Guantou.Notification.July.2007.pdf

Docs\Fujian.Fuzhou.other\Guantou.Notification.June.2009.pdf

Docs\Fujian.Fuzhou.other\Guantou.Notification.March.2008.pdf

Docs\Fujian.Fuzhou.other\Guantou.Notification.May.2007.pdf

Docs\Fujian.Fuzhou.other\Langqi.Notice.Aug.2009.pdf

Docs\Fujian.Fuzhou.other\Langqi.Notification.Aug.2009.pdf

Docs\Fujian.Fuzhou.other\Langqi.Progress.Report.100.day.battle.Aug.2009.pdf

Docs\Fujian.Fuzhou.other\Lianjiang.announcement.Dec.2010.pdf

Docs\Fujian.Fuzhou.other\Lianjiang.booklet.pdf

Docs\Fujian.Fuzhou.other\LongTian.Implementation.Decision.June.2008.pdf

Docs\Fujian.Fuzhou.other\Tiangjiang.report.Dec.2009.pdf


Fujian.web.general

Docs\Fujian.web.general\Fujian.11th.Regulations.July.2007.pdf

Docs\Fujian.web.general\Fujian.average.net.income.2008.pdf

Docs\Fujian.web.general\Fujian.web.q&a.Jan.2008.pdf

Docs\Fujian.web.general\Fujian.web.q&a.July.2007.pdf

Docs\Fujian.web.general\Fujian.web.q&a.May.2008.pdf

Docs\Fujian.web.general\Fujian.web.q&a.Oct.2008.pdf

Docs\Fujian.web.general\Fujian.web.q&a.Sept.2006.pdf

Docs\Fujian.web.general\Fujian.web.q&a.various.2008.pdf

 

State.Dept.info

Docs\State.Dept.info\DOS.consular.info.May.2003.pdf

Docs\State.Dept.info\FOIA.DOS.targets.quotas.1.pdf

Docs\State.Dept.info\FOIA.DOS.targets.quotas.2.pdf

Docs\State.Dept.info\Sapio.cv.pdf

Docs\State.Dept.info\Sapio.evaluation.DOS.2007.Profile.pdf