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32 Asian Am. L.J. 1 (2025)

handle is hein.journals/aslj32 and id is 1 raw text is: 










Narrative in Immigration Law


                           Catherine Y. Kimi


                                 ABSTRACT
    Immigration  remains one  of the most divisive issues of our times. Yet
    contemporary   debates  about  asylum,  economic  migrants,  chain
    migration, and undocumented  migration occur at a level of abstraction
    bereft of human context. This Article challenges the flattening and erasure
    of immigrants  by building on Critical Race Theory's rich tradition of
    narrative methodology  to present my own father's immigration story. In
    doing so, it aims to show how narrative methodology in immigration law
    scholarship can play a critical role in challenging conventional myths and
    understandings. My father's narrative, from his birth in a Korea colonized
    by Japan, through the U.S. occupation of Korea, the Korean War (1950-
    1953), and the dictatorships ofSouth Korea in the post-war period through
    the  1970s, adds  a  human   dimension  to the  severe restrictions to
    humanitarian  relief under international and U.S. law, particularly the
    failure to consider the United States' role in causing individuals to leave
    their homelands. This Article also underscores the role that race continues
    to play in immigrant admission categories even after the elimination ofthe
    national origins quotas in 1965, and how contemporary immigration law
    favors those who already enjoy a degree of privilege. I hope that sharing
    this narrative encourages others to do the same, catalyzing a new body of
    narrative immigration law scholarship with the potential to shift polarized
    debates about whether we should allow more  immigrants into the United
    States, which noncitizens should be admitted, and  whether we  should
    continue to identify as a nation of immigrants.

IN TR O D U CTIO N   ........................................................................................ .  2
I. CONVENTIONAL MYTHS AND UNDERSTANDINGS IN CONTEMPORARY
       IMMIGRATION LAW AND DISCOURSE ............................................ 6
II. M Y FATHER  'S STORY  .......................................................................... .  9
       A.   The Colonial  Era and Liberation ............................................  9
       B .  Childhood  in and out of Seoul..................................................16


    DOI: https://doi.org/10.15779/Z386D5PD10
    T. Don Forchelli Professor of Law, Brooklyn Law School. I thank Elaine Chiu, Alexis Hoag-
Fordjour, Yuvraj Joshi, Joe Kaplan, Kathleen Kim, Jennifer Koh, Donna Lee, Jennifer Lee, Tom Lee,
Alice Ristroph, Faiza Sayed, Jocelyn Simonson, Bijal Shah, Ji Seon Song, Eric Yap, and the participants
of the AAPI/MENA Women in the Legal Academy Workshop and the Conference of Asian Pacific
American Law Faculty for thoughtful feedback and comments. Most importantly, I wish to thank my
father for sharing his story with me. Tyler Wallace, Taylor Faulds, and Christine Lee provided excellent
research assistance. All errors are my own.


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