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The United States Refugee Admissions Program (USRAP) is an association of federal agencies and nonprofit organizations which work hand in hand to identify and admit qualified refugees for resettlement into the United States. [1] Under Section 207 of the Immigration and Nationality Act of 1965, individuals wishing to resettle in the United States are processed through this program. [2]
The U.S. Citizenship and Immigration Services (USCIS) states that USRAP's mission is "to offer resettlement opportunities to persons overseas who are of special humanitarian concern, while protecting national security and combating fraud." [3] The goals of USRAP are [4]
"Every year, immigration law requires that the Executive Branch officials:
"Under the Immigration and Nationality Act (INA), a refugee is a [person] who, generally, has experienced past persecution or has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. Individuals who meet this definition may be considered for either refugee status under Section 207 of the INA if they are outside the United States, or asylum status under Section 208 of the INA, if they are already in the United States. Since the passage of the Refugee Act in 1980, which incorporated this definition of refugee into the INA, the United States has admitted more than 3.1 million refugees." [6]
In response to the growing crisis in Europe posed by the rise of the Nazi party in Germany, private citizens took responsibility for the first refugee resettlement undertaken by the United States. Groups of concerned citizens worked to assist political, intellectual, cultural and scientific leaders who had fled the increasing repressive Fascist governments in Germany, Italy and Spain. Among those rescued in that initial group of refugees were the political scientist Hannah Arendt, the painter Marc Chagall, the novelist Franz Werfel, the philosopher Alfredo Mendizabal, the medical scientist Fritz Kahn, the sculptor Jacques Lipchitz, the historian Golo Mann, and the Nobel Prize–winning biochemist Otto Meyerhoff. Early actors in assisting refugees were the International Rescue Committee, the Hebrew Immigrant Aid Society (HIAS), and Church World Service (CWS) who helped thousands of refugees resettle in cities throughout the United States before the end of 1946. In the early stage of refugee resettlement in the U.S., faith communities in the United States played a significant role in protecting refugees and in helping them resettle. These faith-based organizations focused on resettling refugees during World War II and immediately thereafter. (Note: this was before the 1951 UN Convention on the Status of Refugees and long before the U.S. ratified the 1967 Protocol.) [7] : 590
The U.S. government authorized refugee admissions on an ad hoc basis, designating specific populations for entry through "erratic and unpredictable authorizations." [7] : 589 The approach toward federal funding of refugee resettlement was similarly ad hoc. Generally speaking, the resettlement agencies provided the vast majority of the resources needed to support the refugees. [7] : 589 The Displaced Persons Act of 1948, the first refugee legislation enacted by U.S. Congress, provided for the admission of an additional 400,000 displaced Europeans. Previous to this Act, 250,000 displaced Europeans had already been admitted to the U.S. [8] After the Displaced Persons Act of 1948, refugee admission laws evolved to accept people fleeing from communist regimes such as Hungary, Poland, Yugoslavia, North Korea, China, and Cuba. The refugees were usually supported by private (both ethnic, religious and secular) organizations, which formed the basis for the public/private role of U.S. refugee resettlement today. [8] Notable resettlement efforts include the admission of 35,000 Hungarians who fled the crushing of the Hungarian Revolution of 1956. Resettlement activities were coordinated by a civilian Committee for Hungarian Refugee Relief under the chairmanship of Mr. Tracey F. Voorhees. This committee has coordinated all activities in connection with what was termed "Operation Mercy." In the process it utilized the services of more than 20 volunteer and governmental agencies. [9]
After the fall of South Vietnam in April 1975, the U.S. faced the challenge of resettling hundreds of thousands of displaced Indochinese refugees. They established an Indochinese refugee task force to respond to this crisis. After this situation, Congress realized it needed to create procedures that would deal with the ongoing resettlement of refugees and therefore passed the Refugee Act of 1980. [10] Since 1975, over three million refugees have been resettled in the U.S., with annual admissions figures ranging from a high of 207,000 in 1980 to a low of 11,411 in 2021. The average number admitted annually since 1980 is 75,030. [11] [8]
Congress passed the Refugee Act of 1980, which standardized the resettlement services of all refugees in the U.S. According to the Act, the objectives of refugee resettlement are "to provide a permanent and systemic procedure for the admission to this country of refugees of special humanitarian concern to the United States, and to provide comprehensive and uniform provisions for the effective resettlement and absorption of those refugees who are admitted." [12]
This Act incorporates the definition of "refugee" used in the UN Protocol, provides for a regular flow of admittants, has a contingency for emergency admissions of refugees, and authorizes federal assistance for the resettlement of refugees. [8]
Today, USRAP comprises professional staffs from both religious and secular agencies working together in local communities. These groups both assist refugees with local integration and ensure that they have access to available services. [7] : 592
Each year the President of the United States—after consulting with Congress and the appropriate agencies—determines the designated nationalities and processing priorities for refugee resettlement for the upcoming year. As of 2011, USRAP sponsored over 56,000 refugees in the U.S. [13]
Today, USRAP comprises professional staffs from both religious and secular agencies working together in local communities. These groups both assist refugees with local integration and ensure that they have access to available services. [7]
On January 27, 2017, President Donald Trump issued Executive Order 13769 (Protecting the Nation from Foreign Terrorist Entry into the United States) aka the "Muslim Ban," which lowered the number of refugees to be admitted into the United States in 2017 to 50,000, suspended the USRAP program for 120 days, suspended the entry of Syrian refugees indefinitely, and directed some cabinet secretaries to suspend entry of those whose countries do not meet adjudication standards under U.S. immigration law for 90 days (e.g., Iran, Libya, Somalia, Sudan, Syria, and Yemen). As a result, more than 700 travelers were detained and up to 60,000 visas were "provisionally revoked." [14] [15] [16] [17]
Some 1,000 U.S. diplomats signed a dissent that opposed EO 13769, which set a record as the largest one formally lodged. [18] Protests against EO 13769 erupted in airports and cities almost immediately. Attorneys rushed to airports nationwide to aid immigrants on incoming flights to the United States, who were being denied entry. [19]
On March 6, 2017, President Trump issued Executive Order 13870 ("Protecting The Nation From Foreign Terrorist Entry into The United States"), which revoked EO 13769. [20] [21] [22] [23] [24] Proclamation 9645 ("Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or Other Public-Safety Threats") of September 24, 2017 supplements EO 13780 March 6, 2017. [25] [26] [27] [28] On October 17, 2017, Judge Derrick Watson, of the United States District Court for the District of Hawaii issued another temporary restraining order that was asked by the state of Hawaii. Watson's decision noted that the latest ban "suffers from precisely the same maladies as its predecessor" as it "plainly discriminates based on nationality" and as such violates federal law and "the founding principles of this Nation". [29]
On October 24, 2017, President Trump issued Executive Order 13815 ("Resuming the United States Refugee Admissions Program with Enhanced Vetting Capabilities"). [30] [31] [32] On December 4, 2017, the U.S. Supreme Court ruled that EO 13815 could go into full effect until the legal appeals are being weighed in the lower courts. [33]
On January 20, 2021, President Joe Biden revoked EO 13780 and its related proclamations with Presidential Proclamation 10141 ("Ending Discriminatory Bans on Entry to the United States"). [34]
The refugee limit for fiscal year (FY) 2022 is 125,000. "Although historically the U.S. has resettled more refugees than any other country, its resettlement program has not kept up with increase of the global refugee population that has increased by about 50 percent over the past five years. In FY 2021, the number of refugees resettled was the lowest since the passage of the Refugee Act of 1980.
While there were approximately 26 million refugees worldwide as of fiscal year (FY) 2020, the U.S. currently resettles just a small fraction of them. Less than 1 percent of the total number of displaced people on the world has been resettled to one of 37 current resettlement countries each year. In FY 2016, the U.S. admitted nearly 85,000 refugees, a number that declined to fewer than 54,000 refugees in FY 2017, the lowest number in a decade after President Trump reduced the cap on refugee admissions via executive order. In FY 2018, the president further reduced the refugee admission cap to 45,000, the lowest since the enactment of the Refugee Act of 1980. For 2019, the administration cut the number of admissions even more to 30,000. For FY 2020, the administration further cut the number of refugee admissions to 18,000. However, the cap represents the maximum number of refugees that may be resettled in a year and the Trump administration only resettled 11,814 people in FY 2020. On September 30, 2020 the Trump Administration sent a report to Congress proposing a ceiling of 15,000 refugees for admission to the U.S in FY 2021. The Presidential Determination officially setting the refugee ceiling was issued on October 28, 2020 for 15,000 refugees to be resettled in FY 2021.
While President Biden increased the FY 2021 ceiling to 62,500 in May 2021 and set the FY 2022 ceiling at 125,000, refugee resettlement infrastructure remains depleted and the administration has struggled to reach these targets in terms of actual refugees resettled". [35]
There is no evidence that refugees to the United States have an impact on crime rates. [36] [37]
Studies show that refugees to the United States have a positive impact on the U.S. economy and native welfare. [38] [39] [40] [41] [42] [43] [44] [45] [46] [47] [48] [49] A 2018 study in the Economic Journal found that Vietnamese refugees to the United States had a positive impact on American exports, as exports to Vietnam grew most in US states with larger Vietnamese populations. [50] A 2017 paper by Evans and Fitzgerald found that refugees to the United States pay "$21,000 more in taxes than they receive in benefits over their first 20 years in the U.S." [48] An internal study by the Department of Health and Human Services under the Trump administration, which was suppressed and not shown to the public, found that refugees to the United States brought in $63 billion more in government revenues than they cost the government. [51] According to University of California, Davis, labor economist Giovanni Peri, the existing literature suggests that there are no economic reasons why the American labor market could not easily absorb 100,000 Syrian refugees in a year.[ citation needed ] A 2017 paper looking at the long-term impact of refugees on the American labor market over the period 1980–2010 found "that there is no adverse long-run impact of refugees on the U.S. labor market." [52]
USRAP is not run by any one agency of the federal government; rather, it is a collaborative effort among many different agencies and departments of the federal government as well as a number of nonprofit organizations. [53] According to the U.S. Department of State website, three entities make up the federal arm of the USRAP program: USCIS, which is part of the Department of Homeland Security; the Bureau of Population, Refugees, and Migration, which is part of the Department of State; and the Office of Refugee Resettlement, which is part of the Department of Health and Human Services. [53]
"The following agencies are also involved in this effort:
USCIS is responsible for activities that could be termed the "legal side" of USRAP operations. It processes applications for refugee admission to the United States and applications for permanent residency. It also issues documents that permit refugees to return to the United States after traveling abroad. [54] Although USCIS is involved in humanitarian efforts by virtue of its inclusion in USRAP, the organization plays more of an incidental processing role than a humanitarian one.
As part of the U.S. Department of State, the Bureau of Population, Refugees, and Migration is primarily responsible for USRAP's operations abroad. [55] According to the Bureau's website, its roughly 130 staff members perform primarily pass-through operations where they do not work directly with refugees. Rather, they work through other organizations such as the International Rescue Committee and other various intergovernmental organizations so as to provide services to refugees. [55] The Bureau also processes applications for refugee resettlement to the United States. [55]
Whereas the Bureau of Population, Refugees, and Migration primarily handles the foreign-based portions of USRAP and USCIS works with admissions and legal issues, the Office of Refugee Resettlement "provide[s] new populations with the opportunity to maximize their potential in the United States." [56]
The Office of Refugee Resettlement plays a particularly important role within USRAP. Bringing refugees into the United States and processing their documents is quite a different thing from assisting those same refugees in living and working in a new and foreign culture. This is the task of the Office of Refugee Resettlement.
Nonprofits play a special role in USRAP. There are nine nonprofits appointed to work with the nation in either refugee referrals or in refugee resettlement. The ten non-profits currently working with USRAP are listed below: [57]
These nine nonprofits have some 360 affiliated offices across the nation. Each nonprofit provides help for refugees to become self-sufficient after their arrival in the United States. Specifically, each nonprofit provides housing, food, clothing, enrollment in school, English language classes, employment, health screenings, and other public services. [58] The following descriptions detail the unique contributions of two of the USRAP-involved nonprofits: the Church World Service and the Hebrew Immigrant Aid Society.
Church World Service [59] works with eight different denominations, the United Methodist Church, United Church of Christ, Reformed Church in America, Presbyterian Church (USA), Evangelical Lutheran Church in America, the Episcopal Church, the Cooperative Baptist Fellowship, and Christian Church (Disciples of Christ). Along with the basic public services provided by every nonprofit, the Church World Service administers the Religious Services Program, a program which helps refugees continue to practice their religion in the U.S. (regardless of the individual refugee's specific religious practices).
HIAS (founded as the Hebrew Immigrant Aid Society) [60] works within the Jewish Communal Network Commission to provide basic services to refugees. [60] HIAS created the Refugee Family Enrichment program that addresses the problems a refugee family may face during resettlement. [60] As part of their resettlement program through USRAP, HIAS teaches communication and conflict resolution skills that help families work through the difficulties of resettlement.
During FY 2011, USRAP received $302 million from the federal government to fund its programs. [61] That number will increase by over 25 percent (to $417 million) in FY 2012 and then drop back down to $310 million in FY 2013. [61] According to the Bureau of Population, Refugees, and Migration, some of these monies are used to "[fund] ten public and private non-profit organizations to help provide initial services and assist refugees to achieve economic self-sufficiency as quickly as possible." [62]
According to USRAP, "A refugee is someone who has fled from his or her home country and cannot return because he or she has a well-founded fear of persecution based on religion, race, nationality, political opinion or membership in a particular social group." [13] Once a refugee has fled their country into a neighboring country, there is an intensive process before they can be legally admitted into the United States of America. While the process aims to take about eight months to a year, the reality is that it takes much longer. [13] Once a refugee has been admitted to the United States, it is the responsibility of the sponsoring organization to help them adapt to their new life. It is the hope that they will be enfolded into their community and become an asset to the country.
As touched on above, much of the literature on USRAP challenges the efficacy of the program's cash assistance efforts. A recent study conducted by Columbia University argued that the programs failure to take individual circumstances into account when providing cash assistance has led to most of the problem:
... The notion that every refugee needs the same baseline services that has persisted since the inception of the refugee program aligns poorly with the goals of self-sufficiency and integration in the medium and long term. This is especially true given the diversity of the refugees arriving to the United States and the diversity of circumstances they face once here. Refugees have little agency over what services they can access, and even volags [local programs] have minimal room to account for refugees' individual profiles when deciding what services to offer. Instead ... quick placement in employment is emphasized across the board, access to supplementary services and community support is determined essentially by lottery, and secondary migration is not accounted for. [63] : 11
This same article goes on to point out the varying degree of assistance from state-to-state creates a random allocation of assistance for refugees. Depending on their location, some refugees are given transportation assistance, Temporary Assistance for Needy Families (TANF) support, and local community assistance as well while other refugees are given the bare minimum of federal funding. This inequitable allocation leads to the successful integration of some refugees while others are left behind. [63] : 11
The purpose of cash assistance is to help refugees find employment. This goal, however, is frequently not achieved. "…The cash assistance received was not enough to cover basic expenses and often ran out long before employment was secured." [64] : 20 One of the main issues with refugee employment is that there is simply not enough time or money to support a thorough job search. The time allotted for support is eight months, however, the paper quoted above claimed that in reality the support lasts six months or less. This lack of time and funding results in a push for quick, insufficient employment rather than full, sustaining careers.
Refugees are pushed toward short-term jobs, simply to get them employed. This ignores individual refugees abilities, past education, and professional experience. The reason behind this push is that the goal is not that of long-term self-sustainability, but rather of self-sustainability by the end of the "eight"-month refugee assistance. [64] : 25 The result is that the program turns into a machine bent on churning out integrated refugees. This method is inefficient because more refugees must then rely on the government over the long-term through welfare programs.
These short-term jobs have above minimum wage pay, but the average wage per hour for full-time workers obtained by refugees within four months of arrival was $8.67 in 2009. [65] : 24 This rate is insufficient for refugees who provide for their families. Many face eviction and eventual unemployment. [66] : 12 This quick employment issue greatly affects the refugees' ability to be self-sustaining." [65] : 20 In fiscal year 2007, ORR’s performance data show that between 59 percent and 65 percent of all refugees receiving cash assistance from ORR’s four assistance programs entered employment within 4 to 8 months of coming to the United States. There are mechanisms in place to allow for refugees to transfer their professional degrees; however, these transfers require recertification that costs as much as $1,000. [64] : 24
If a refugee cannot speak English, their job possibilities decrease. "The ability to speak English can greatly facilitate a refugee’s chances of finding employment." [65] : 27 USRAP does provide English language classes. There is, however, a wide array of problems with these classes: inadequate facilities, no longevity, poor teacher quality, and lack of transportation to classes. [65] : 27
Because of these issues, most refugees are not getting the English language training they need to achieve self-sustainability. The literature focused mainly on the problems with facilities and transportation.
According to Table 2, 58 percent of the incoming refugees could not speak English. This indicates that there is a great need for English language training among the refugees.
Because of the large percentage of refugees that need English classes, facilities are not expansive enough to cover the need. [66] : 20–21 As stated above, another barrier to English acquisition is the lack of transport to classes. Because refugees do not have a way to get to the classes, they do not go to the classes and thus they do not learn English. [64] : 23 "Limited funding means training provision typically stops at English language training during the early resettlement period". [63] : 13 This correlates directly with the refugee's ability to obtain employment. Approximately 90 percent of refugees who were living on government welfare programs did not speak English. [65] : 27
In addition to employment assistance, USRAP is also responsible for the health, both mental and physical, of refugees entering the United States. According to our bylaws, refugee resettlement agencies are "... authorized to fund social services projects designed to provide, where specific needs have been shown and recognized by the Director, health (including mental health) services, social services, educational and other services." [67]
This responsibility becomes a problem when a high percentage of entering refugees have health issues. As the literature points out, this is a growing reality for the United States, "The number of refugees with chronic untreated medical and mental health conditions continues to grow. Needy refugees who do not qualify for Medicaid are limited to up to eight months of Refugee Medical Assistance (RMA)." [66] : 20 There are reasons for why so many refugees suffer from poor mental and physical health:
Because the United States has admitted an increased number of refugees who have spent many years living in difficult conditions, such as refugee camps, a larger proportion of recently arrived refugees have health and other issues that make it difficult for them to work and achieve self-sufficiency. Because of these changes in refugee populations, [resettlement programs] faced difficulties in estimating the costs of serving newly arrived refugees, which, in turn, has affected the agency's unobligated balances. [65] : 2
As one article posited, this rise in mental illness among refugees calls for better training for psychologists in working with diverse populations: "The diversity of the refugee population in the United States requires practicing psychologists to respond by adapting clinical services to meet their mental health needs." [68] Hopefully with better training, psychologists of refugees will be able to better address their specific health needs. USRAP has an obligation to improve health services for the incoming refugee population.
At times, United States foreign policy has had negative implications for the lives of the refugees USRAP aims to serve. Although official United States procedure states that foreign policy should have no impact on refugee admissions, this has not always been the case. [69] : 393 For example, on September 11, 2001, a number of Afghan refugees were scheduled to arrive in the United States. Not surprisingly, those plans did not move forward. [69] : 391
This use of refugee admissions programs to further national interests is, unfortunately, not uncommon. Legislation regarding refugee admissions written after World War II excluded large numbers of refugees (including ninety percent of Jewish refugees) from being eligible for resettlement in the United States. [69] : 395 This treatment was justified by some because of fears concerning the refugees' possible impacts on the American economy. [69] : 395 During the Cold War, the United States used refugee admissions policy largely as a propaganda tool in an attempt to discredit communism by granting asylum to those seeking to escape communist nations. [69] : 395–396
However, the interplay between United States refugee admissions and foreign policy is not entirely one-sided. A 2012 USRAP report to Congress states that United States involvement in discussions and actions concerning refugee resettlement have given the United States the opportunity to advance human-rights as well as influence other countries to be more open to accepting refugees. [70] The example given in the report is that of Bhutanese refugees. Because the United States offered resettlement, other countries demonstrated a greater willingness to accept refugees as well. [70]
Along with its foreign policy problems, the literature points out that USRAP has had issues with its domestic policies as well. A report, Abandoned Upon Arrival: Implications for Refugees and Local Communities Burdened by a U.S. Resettlement System That is not Working, points out that local communities have confronted many challenges due to refugees resettlement. In the study, seven main findings were reported concerning the local resettlement communities.
First, the federal government uses "faith-based groups," for refugee placement. [71] : 8 Local agencies are required to regularly consult with local governments. Receiving new refugees into a community requires numerous resources from the local government, but these local governments are not given enough funding from the federal government. They are also not informed as to how many new refugees they are going to receive. This has been a heavy burden for the local governments.
Second, the refugees' language barriers, caused by lack of adequate language instruction, prevent the refugees from communicating effectively concerning important issues such as health. USDHS conducted a study in 2008, showing that the better language skills refugees have, the better outcomes they obtain. [72] Schools are upset that the government does not provide additional funding to assist or improve this situation.[ citation needed ]
Third, regardless of each refugee's situation in regards to education, health, or psychological background, the government has applied a "one-size-fits-all assistance" approach. [71] : 9 This impedes the local governments' ability to accommodate the refugees according to their needs, and to prepare or teach them in areas that they are weak.
Fourth, while the Federal Government has increased funding for refugees, this does not fix the current problems. [71] : 9
Fifth, insufficient funding after initial support for resettlement has created a difficult economic climate for the local communities.
Sixth, the current resettlement system not only is a burden, but also inhibits services for other refugees who have already been resettled.
In order to help the cities and refugees with these problems, this study suggests seven strategies for improvement: (1) ensure the local leaders involvement in decision-making processes, (2) provide better language courses, (3) establishing strategies in education, (4) remove "one-size-fits-all assistance", (5) improve accountability, (6) search for innovative models, and (7) promote community engagement. [71] : 4–6
Program fragmentation and lack of cohesion among different agencies produces challenges unnecessary burdens for those who are intended to benefit from the program.[ how? ]
Many of these problems associated with USRAP begin with a lack of information sharing between the agencies involved. [64] : 36 Much of the information gathered from refugees is not shared between agencies to ensure that the placement meets the needs of the refugee. For the most part, this information is only used to assess refugee admissibility into the resettlement program. At no point during the resettlement process does a government employee or contracted party have the responsibility to investigate and report "the presence of a needs-related vulnerability for the purposes of ensuring post-arrival assistance. Instead, such information is only gathered to help support the individual’s persecution claim." [64] : 38
Similarly, medical examinations and interviews of refugees performed by the USCIS overseas are not used to determine the health and resettlement needs of the refugee. Rather, this information is used to assess the admissibility of the refugee. [73] : 10 In fact, resettlement agencies must make placement decisions before they even receive the medical records of refugees. [73] : 10
One of the most crucial factors to the success of refugees is where they are placed in United States. [63] : 10 Even though the most vulnerable populations are being targeted for resettlement, these vulnerabilities are not being communicated to the placing agencies. [63] : 11 No structured system exists in USRAP for the collecting and distributing of refugee information for planning purposes. [64] : 41 This failure to share information down the resettlement chain hurts the resettled refugees and the success of USRAP.
Because critical information is not always considered when a placement decision is made, it is not surprising that many refugees leave the locations of original placement to look for better opportunities elsewhere. In many instances, refugees will seek out communities of fellow country-of-origin nationals. [63] : 16 Current legislation recognizes this secondary migration as a "natural and expected phenomenon." [63] : 16 However, there are no tools or tracking system in place to manage this phenomenon. [63] : 16 USRAP takes no measures in anticipating foreseeable trends in secondary migration by refugees. [64] : 35 When refugees move, they get lost in the system and their federal assistance money does not follow them. Consequently, these secondary migration refugees lose out on a part of their eight months of cash and medical treatment. [64] : 35
"Refugees seeking resettlement to the U.S. experience major barriers that cause delays, confusion, and, ultimately, a failure to fairly adjudicate their claims for protection." [74]
"Improving the capacity, efficiency, and transparency of USRAP this year will ensure the program can continue to be a life-saving protection tool for refugees, advance U.S. strategic interests overseas more fully, and strengthen the resiliency of local communities across the country." [74]
Some recommendations for USRAP include (1) expanding its adjudication capacity, (2) enabling efficient interview and vetting processes, and (3) ensuring due process and transparency. [74]
"Expand Adjudication Capacity by onboarding additional refugee officers; scheduling regular circuit rides in advance of Fiscal Year 2023 (FY23); eliminating backlogs; addressing family reunification; and expanding private sponsorship, domestic capacity, and access for climate-displaced people. [74]
Enable Efficient Interview and Vetting Processes by expanding the use of video technology; reversing harmful and ineffective vetting practices; and establishing oversight mechanisms and high-level coordination of all aspects of USRAP. [74]
Ensure Due Process and Transparency by publishing reviews, reports, and policies relevant to refugee processing and allowing access to counsel for key aspects of refugee processing." [74]
The United States Refugee Act of 1980 is an amendment to the earlier Immigration and Nationality Act of 1965 and the Migration and Refugee Assistance Act of 1962, and was created to provide a permanent and systematic procedure for the admission to the United States of refugees of special humanitarian concern to the U.S., and to provide comprehensive and uniform provisions for the effective resettlement and absorption of those refugees who are admitted. The act was completed on March 3, 1980, was signed by President Jimmy Carter on March 17, 1980, and became effective on April 1, 1980. This was the first comprehensive amendment of U.S. general immigration laws designed to face up to the realities of modern refugee situations by stating a clear-cut national policy and providing a flexible mechanism to meet the rapidly shifting developments of today's world policy. The main objectives of the act were to create a new, American definition of refugee based on the one created at the 1951 UN Convention and 1967 Protocol on the Status of Refugees; raise the limitation from 17,400 to 50,000 refugees admitted each fiscal year; provide emergency procedures for when that number exceeds 50,000; require annual consultation between Congress and the President on refugee admissions; and establish the Office of U.S. Coordinator for Refugee Affairs and the Office of Refugee Resettlement. Most importantly, it established explicit procedures on how to deal with refugees in the U.S. by creating a uniform and effective resettlement and absorption policy.
A green card, known officially as a permanent resident card, is an identity document which shows that a person has permanent residency in the United States. Green card holders are formally known as lawful permanent residents (LPRs). As of 2023, there are an estimated 12.7 million green card holders, of whom 9 million are eligible to become United States citizens. Approximately 18,700 of them serve in the U.S. Armed Forces.
The H-1B is a visa in the United States under the Immigration and Nationality Act, section 101(a)(15)(H), that allows U.S. employers to employ foreign workers in specialty occupations. It is the largest visa category in the United States in terms of guest worker numbers. A specialty occupation requires the application of specialized knowledge and a bachelor's degree or the equivalent of work experience. The duration of stay is three years, extendable to six years, after which the visa holder can reapply. Laws limit the number of H-1B visas that are issued each year. There exist congressionally mandated caps limiting the number of H-1B visas that can be issued each fiscal year, which is 65,000 visas, and an additional 20,000 set aside for those graduating with master’s degrees or higher from a U.S. college or university. An employer must sponsor individuals for the visa. USCIS estimates there are 583,420 foreign nationals on H-1B visas as of September 30, 2019. The number of issued H-1B visas have quadrupled since the first year these visas were issued in 1991. There were 206,002 initial and continuing H-1B visas issued in 2022.
Refugee law is the branch of international law which deals with the rights and duties states have vis-a-vis refugees. There are differences of opinion among international law scholars as to the relationship between refugee law and international human rights law or humanitarian law.
TN status is a special non-immigrant classification of foreign nationals in the United States, which offers expedited work authorization to a citizen of Canada or a national of Mexico. It was created as a result of provisions of the North American Free Trade Agreement that mandated simplified entry and employment permission for certain professionals from each of the three NAFTA member states in the other member states. The provisions of NAFTA relevant to TN status were then carried over almost verbatim to the United States–Mexico–Canada Agreement that replaced NAFTA in 2020.
Parole, in the immigration laws of the United States, generally refers to official permission to enter and remain temporarily in the United States, under the supervision of the U.S. Department of Homeland Security (DHS), without formal admission, and while remaining an applicant for admission.
Visitors to the United States must obtain a visa from one of the U.S. diplomatic missions unless they are citizens of one of the visa-exempt or Visa Waiver Program countries.
The United States recognizes the right of asylum for individuals seeking protections from persecution, as specified by international and federal law. People who seek protection while outside the U.S. are termed refugees, while people who seek protection from inside the U.S. are termed asylum seekers. Those who are granted asylum are termed asylees.
The Cuban Adjustment Act, Public Law 89-732, is a United States federal law enacted on November 2, 1966. Passed by the 89th United States Congress and signed into law by President Lyndon Johnson, the law applies to any native or citizen of Cuba who has been inspected and admitted or paroled into the United States after January 1, 1959 and has been physically present for at least one year, and is admissible to the United States as a permanent resident.
The Office of Immigration Statistics (OIS) is an agency of the United States Department of Homeland Security under the Office of Strategy, Policy, and Plans.
Under the public charge rule, immigrants to United States classified as Likely or Liable to become a Public Charge may be denied visas or permission to enter the country due to their disabilities or lack of economic resources. The term was introduced in the Immigration Act of 1882. The restriction has remained a major cause for denial of visas and lawful permanent residency ever since; in 1992, about half of those denied immigrant and non-immigrant visas for substantive reasons were denied due to the public charge rule. However, the administrative definition of "public charge" has been subject to major changes, notably in 1999 and 2019.
The Office of Refugee Resettlement (ORR) is a program of the Administration for Children and Families, an office within the United States Department of Health and Human Services, created with the passing of the United States Refugee Act of 1980. The Office of Refugee Resettlement offers support for refugees seeking safe haven within the United States, including victims of human trafficking, those seeking asylum from persecution, survivors of torture and war, and unaccompanied alien children. The mission and purpose of the Office of Refugee Resettlement is to assist in the relocation process and provide needed services to individuals granted asylum within the United States.
Premium Processing Service is an optional premium service offered by the United States Citizenship and Immigration Services to individuals and/or employers filing Form I-129, Form I-140, Form I-539 or Form I-765 petitions. To avail of the service, the applicant needs to file Form I-907 and include a fee that is $1,500 for the H-2B and R classifications and $2,500 for all others.
Third country resettlement or refugee resettlement is, according to the UNHCR, one of three durable solutions for refugees who fled their home country. Resettled refugees have the right to reside long-term or permanently in the country of resettlement and may also have the right to become citizens of that country.
Immigration policy, including illegal immigration to the United States, was a signature issue of former U.S. president Donald Trump's presidential campaign, and his proposed reforms and remarks about this issue generated much publicity. Trump has repeatedly said that illegal immigrants are criminals.
Executive Order 13769, titled Protecting the Nation from Foreign Terrorist Entry into the United States, allegedly labeled the "Muslim ban" by Donald Trump and his supporters and critics alike, and commonly known as such, or commonly referred to as the Muslim travel ban, Trump travel ban, the Trump Muslim travel ban, or the Trump Muslim Immigration Ban, was an executive order by President Trump. Except for the extent to which it was blocked by various courts, it was in effect from January 27, 2017, until March 6, 2017, when it was superseded by Executive Order 13780, a second order sharing the title "Protecting the Nation from Foreign Terrorist Entry into the United States".
The Trump travel ban was a series of executive actions taken by U.S. President Donald Trump that restricted entry into the United States by certain foreign nationals, beginning with Executive Order 13769, issued on January 27, 2017.
The Central American Minors (CAM) Refugee and Parole Program is a U.S. refugee and parole program established in November 2014 by the Obama administration. It is a refugee protection and family reunification pathway on which several thousand families rely and for which tens of thousands more families are technically eligible. The CAM Program was designed to permit certain children and other eligible family members to escape life-threatening danger and other humanitarian crises and to reunite with parents or relatives in the United States. This program provides certain qualified parents and legal guardians to apply for their children and other eligible family members, who are nationals of and physically present in El Salvador, Guatemala, and Honduras, to come to the United States as refugees or parolees. The CAM Program has been operational from 2014 to 2017-18 when it was terminated over a series of actions; and from 2021 to the present, when it was restarted in two phases, first for some previously closed cases and then for new applications. To date, most CAM Program beneficiaries have been Salvadoran families of Temporary Protected Status (TPS) holders, making up 86 percent of applicants from the 2014–2017. Since the Biden administration restarted the CAM Program for new applications, the CAM Program has had expanded eligibility criteria, including parents and guardians with pending asylum applications or U visa petitions, which should enable many more Guatemalans and Hondurans to apply.
Executive Order 13780, titled Protecting the Nation from Foreign Terrorist Entry into the United States, was an executive order signed by United States President Donald Trump on March 6, 2017. It placed a 90-day restriction on entry to the U.S. by nationals of Iran, Libya, Somalia, Sudan, Syria and Yemen, and barred entry for all refugees who did not possess either a visa or valid travel documents for 120 days. This executive order—sometimes called "Travel Ban 2.0"—revoked and replaced Executive Order 13769 issued on January 27, 2017.
Federal policy oversees and regulates immigration to the United States and citizenship of the United States. The United States Congress has authority over immigration policy in the United States, and it delegates enforcement to the Department of Homeland Security. Historically, the United States went through a period of loose immigration policy in the early-19th century followed by a period of strict immigration policy in the late-19th and early-20th centuries. Policy areas related to the immigration process include visa policy, asylum policy, and naturalization policy. Policy areas related to illegal immigration include deferral policy and removal policy.