Refugee Admissions and Resettlement Policy
Andorra Bruno
Specialist in Immigration Policy
August 8, 2013March 6, 2014
Congressional Research Service
7-5700
www.crs.gov
RL31269
CRS Report for Congress
Prepared for Members and Committees of Congress
Refugee Admissions and Resettlement Policy
Summary
A refugee is a person fleeing his or her country because of persecution or a well-founded fear of
persecution on account of race, religion, nationality, membership in a particular social group, or
political opinion. Typically, the annual number of refugees that can be admitted into the United
States, known as the refugee ceiling, and the allocation of these numbers by region are set by the
President after consultation with Congress at the start of each fiscal year. For FY2013FY2014, the
worldwide refugee ceiling is 70,000, with 6768,000 admissions numbers allocated among the
regions of the world and 32,000 numbers comprising an unallocated reserve. An unallocated
reserve is to be used if, and where, a need develops for refugee slots in excess of the allocated
numbers. The FY2013FY2014 regional allocations are, as follows: Africa (1215,000), East Asia (1714,000),
Europe and Central Asia (21,000), Latin America/Caribbean (5,000), and Near East/South Asia
(3133,000).
Overseas processing of refugees is conducted through a system of three priorities for admission.
Priority 1 comprises cases involving persons facing compelling security concerns. Priority 2
comprises cases involving persons from specific groups of special humanitarian concern to the
United States (e.g., Iranian religious minorities). Priority 3 comprises family reunification cases
involving close relatives of persons admitted as refugees or granted asylum.
Special legislative provisions facilitate relief for certain refugee groups. The “Lautenberg
make it easier for members of certain groups to obtain refugee
status. The “Lautenberg Amendment,” which was first enacted in 1989, allows certain former
Soviet and Indochinese
nationals to qualify for refugee status based on their membership in a
protected category with a
credible fear of persecution. In 2004, Congress amended the Lautenberg
Amendment to add the
“Specter Amendment,” which requires the designation of categories of
Iranian religious
minorities whose cases are to be adjudicated under the Lautenberg Amendment’s reduced
reduced evidentiary standard. Subsequent laws extended the Lautenberg Amendment, as amended
by the
Specter Amendment. Most recently, the Consolidated and Further Continuing Appropriations Act,
2013 2014 (P.L. 113-611376) extends the Lautenberg Amendment through September 30, 20132014.
The Department of Health and Human Services’ Office of Refugee Resettlement (HHS/ORR)
administers an initial transitional assistance program for temporarily dependent refugees and
Cuban/Haitian entrants. The final FY2013FY2014 appropriation for refugee and entrant assistance in P.L.
113-6 is $1.016 billion; after adjustments for the rescission and the sequestration, FY2013
funding totals $999.4 million 11376 is $1,486,095,000.
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Refugee Admissions and Resettlement Policy
Contents
Background and Definitions ............................................................................................................ 1
Refugee Admissions ........................................................................................................................ 1
FY2013FY2014 Refugee Ceiling and Allocations ................................................................................. 4
Refugee Processing Priorities .................................................................................................... 45
Refugee Adjudications............................................................................................................... 6
Admissibility of Refugees ................................................................................................... 6
Special Refugee Provisions ....................................................................................................... 7
Lautenberg Amendment and Specter Amendment .............................................................. 7
Vietnamese Refugees .......................................................................................................... 8
Refugee Resettlement Assistance .................................................................................................... 89
Tables
Table 1. Refugee Admissions Ceilings and Regional Allocations, FY2002-FY2013FY2003-FY2014...................... 3
Table 2. Refugee Resettlement Funding, FY2003-FY2013FY2005-FY2014 ............................................................. 9
Table 3. Refugee Eligibility for Major Federal Public Assistance Programs ................................ 1011
Appendixes
Appendix. Refugee Admissions by Region, FY1987-FY2012FY2013 ...................................................... 1112
Contacts
Author Contact Information........................................................................................................... 1213
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Refugee Admissions and Resettlement Policy
Background and Definitions
The admission of refugees to the United States and their resettlement here are authorized by the
Immigration and Nationality Act (INA), as amended by the Refugee Act of 1980.1 The 1980 Act
had two basic purposes: (1) to provide a uniform procedure for refugee admissions; and (2) to
authorize federal assistance to resettle refugees and promote their self-sufficiency. The intent of
the legislation was to end an ad hoc approach to refugee admissions and resettlement that had
characterized U.S. refugee policy since World War II.
Under the INA, a refugee is a person who is outside his or her country and who is unable or
unwilling to return because of persecution or a well-founded fear of persecution on account of
race, religion, nationality, membership in a particular social group, or political opinion.2 In special
circumstances, a refugee also may be a person who is within his or her country and who is
persecuted or has a well-founded fear of persecution on account of race, religion, nationality,
membership in a particular social group, or political opinion. Excluded from the INA definition of
a refugee is any person who participated in the persecution of another.3
Refugees are processed and admitted to the United States from abroad. The Department of State
(DOS) handles overseas processing of refugees and U.S. Citizenship and Immigration Services
(USCIS) of the Department of Homeland Security (DHS) makes final determinations about
eligibility for admission. Separate provision is made in the INA for the granting of asylum on a
case-by-case basis to aliens who are physically present in the United States or at a land border or
port of entry and who meet the definition of a refugee.4 After one year in refugee status in the
United States, refugees are required to apply to adjust to lawful permanent resident (LPR) status.5
Refugee Admissions
The United States aims to consider for resettlement at least half of the refugees referred by the
United Nations High Commissioner for Refugees (UNHCR) for resettlement worldwide each
year, depending on the availability of funding. By law, the annual number of refugee admissions
and the allocation of these numbers by region of the world are set by the President after
consultation with Congress.6 Each year, the President submits a report to the House of
Representatives and the Senate, known as the consultation document, which contains the
Administration’s proposed worldwide refugee ceiling and regional allocations for the upcoming
fiscal year.7 Following congressional consultations on the Administration’s proposal, the
1
The INA is Act of June 27, 1952, ch. 477, codified, as amended, at 8 U.S.C. §§1101 et seq. The Refugee Act is P.L.
96-212, March 17, 1980.
2
This definition conforms with the definition used in the United Nations Convention and Protocol relating to the status
of refugees.
3
INA §101(a)(42).
4
For further information on asylum, see CRS Report R41753, Asylum and “Credible Fear” Issues in U.S. Immigration
Policy, by Ruth Ellen Wasem.
5
INA §209(a). Asylees (those granted asylum) may apply for LPR status after one year, but are not required to do so.
There are no numerical limitations on refugee or asylee adjustments of status.
6
INA §207(a).
7
The consultation document for FY2013FY2014 is U.S. Department of State, U.S. Department of Homeland Security, and U.S.
Department of Health and Human Services, Proposed Refugee Admissions for Fiscal Year 20132014: Report to the
(continued...)
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President issues a Presidential Determination setting the refugee numbers for that year.8 Table 1
shows refugee admissions ceilings and regional allocations for FY2002-FY2013FY2003-FY2014.
The U.S. refugee program was greatly impacted by the terrorist attacks of September 11, 2001. In
the aftermath of those attacks, a review of refugee-related security procedures was undertaken,
refugee admissions were briefly suspended, and enhanced security measures were implemented.
As a result of these and other factors, actual refugee admissions plunged, declining from an
FY2001 total of 69,886 to an FY2002 total of 27,131 and an FY2003 total of 28,403 (see last row
of Table 1 for actual admissions since FY2002).9
Admissions have rebounded since FY2002 and FY2003, totaling over 70,000 in each of FY2009
and FY2010. As , which had totaled about 70,000
in FY2001, plunged to historically low levels in the years following the attacks. As shown in
Table 1, actual admissions in FY2003 totaled 28,403.9
Admissions have rebounded since FY2003, exceeding 70,000 in each of FY2009 and FY2010. As
shown in Table 1, however, there were significantly lower levels of admissions
fewer admissions in FY2011 (56,424) and
FY2012 (58,238). The FY2013 consultation document attributed the
shortfalls in refugee arrivals in FY2011 and FY2012 largely to new security requirements and
anticipated a rebound in FY2013:
In the last several years, USRAP [the U.S. Refugee Admissions Program] has incorporated
additional security enhancements to safeguard the resettlement program from fraud and
national security risks. These changes led to delays in bringing refugees to the United States
and the delays, in turn, resulted in a decreased number of refugee arrivals in FY 2011 and
2012. In FY 2010, the United States admitted over 73,000 refugees. That number dipped to
just over 56,000 in FY 2011 and this year’s [FY2012] admissions total will be only slightly
higher. Strides have been made throughout FY 2012 to improve interagency cooperation and
streamline other parts of the process so that bona fide refugees gain entry to the United
States. Because improvements to the security checks were not implemented until March
2012, refugee arrivals lagged in the early part of the fiscal year and began to increase in May
2012. Since then, arrivals have steadily risen. Increases are expected to continue in August
and September [2012] and arrival numbers in FY 2013 should be closer to the proposed
ceiling.10
in FY2011 and FY2012 largely to new security requirements.10 Refugee admissions increased in
FY2013, totaling 69,927 that year. According to the FY2014 consultation document:
Refugee arrivals in FY 2013 are up sharply from the previous two years thanks to the
concerted efforts of the many partners involved in U.S. resettlement... This success was
made possible in part by better synchronization of security and medical checks for refugee
families as well as investments in UNHCR’s ability to refer refugees from the Middle East
and Africa.11
(...continued)
Congress, http://www.state.gov/documents/organization/198157219137.pdf (hereinafter cited as Proposed Refugee Admissions
for Fiscal Year 20132014).
8
Asylees are not included in the refugee ceiling. There are no numerical limitations on the granting of asylum.
9
Refugee admissions had not been at or below the FY2002 or FY2003 levels since FY1977, when admissions totaled
Prior to the 2001 terrorist attacks, annual refugee admissions had not been below 30,000 since FY1977, when
admissions totaled about 20,000. From FY1979 through FY2001, annual refugee admissions totaled more than 60,000.
For annual data on
refugee admissions by region since FY1987, see the Appendix at the end of this report.
10
Proposed Refugee Admissions for Fiscal Year 2013, pp. iv-v.
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Appendix.
10
U.S. Department of State, U.S. Department of Homeland Security, and U.S. Department of Health and Human
Services, Proposed Refugee Admissions for Fiscal Year 2013: Report to the Congress, pp. iv-v, http://www.state.gov/
documents/organization/198157.pdf.
11
Proposed Refugee Admissions for Fiscal Year 2014, p. ii.
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Table 1. Refugee Admissions Ceilings and Regional Allocations, FY2002-FY2013FY2003-FY2014
Region
Africa
East Asia
Europe and Central AsiaaAsiaf
Latin America/Caribbean
Near East/South Asia
Unallocated
Total ceilings
Actual admissions
FY2002
FY2003
FY2004
FY2005
FY2006
FY2007
FY2008
FY2009
FY2010
FY2011
FY2012
FY2013
22,000FY2014
20,000
30,000b000a
21,000c000b
20,000
22,000
16,000
12,000
15,500
15,000
12,000
12,000
415,950
15,000
4,000
8,500b500a
13,000
15,000
16,000d000c
20,000
20,500f500d
18,000g000e
19,000
18,000
17,000
2616,600
14,000
16,500
13,000
15,500c500b
15,000
6,500
3,000
2,500
2,500
2,000
2,000
2650
1,000
2,500
3,500
7,000c000b
5,000
5,000
5,000e
5,500f500d
5,500g
5,500
5,500
4,400
5,000
7,000
3,000b
3,500c000a
3,500b
5,000
9,000d
28,000
39,500f500d
38,000g
35,500
35,500
31,000
—32,400
33,000
20,000
12,000b000a
10,000c000b
10,000
11,500d
8,000e
—f000g
—d
500
3,000
3,000
3,000
70—h
2,000
70,000
70,000
70,000
70,000
70,000
80,000
80,000
80,000
80,000
76,000
70,000
27,13170,000
28,403
52,873
53,813
41,223
48,282
60,191
74,654
73,311
56,424
58,238
NA
3,000
15,00069,927
NA
Sources: For ceiling and allocation data: PD 2000-32, September 29, 2000; PD 02-04, November 21, 2001; PD 03-02, October 16, 2002; PD 2004-06, October 21, 2003;
PD 2004-53, September 30, 2004; PD 2006-3, October 24, 2005;
PD 2007-1, October 11, 2006; PD 2008-1, October 2, 2007; PD 2008-29, September 30, 2008; PD 2009322009-32, September 30, 2009; PD 2011-02, October 8, 2010; PD 2011-17201117, September 30, 2011; PD 2012–17, September 28, 2012; PD 2014–01, October 2, 2013. U.S. Department of State, U.S. Department of
Justice, and U.S. Department of
Health and Human Services, Proposed Refugee Admissions ... , Fiscal Years 2002-2013FY2003-FY2014. For actual admissions data: U.S. Department of State,
Bureau of Population, Refugees and Migration.
a.
For FY2002-FY2003, separate sub-allocations were provided for the former Yugoslavia and the Former Soviet Union (FSU); they are combined here.
b.
Migration.
a.
Of the FY2004 ceiling of 70,000, 50,000 numbers were originally allocated by region and 20,000 were unallocated. The unallocated reserve was tapped during the
year year
to provide 8,000 additional numbers to Africa, East Asia, and Near East/South Asia.
cb.
Of the FY2005 ceiling of 70,000, 50,000 numbers were originally allocated by region and 20,000 were unallocated. The unallocated reserve was tapped during the
year year
to provide 10,000 additional numbers to Africa, Europe and Central Asia, Latin America/Caribbean, and Near East/South Asia.
dc.
Of the FY2007 ceiling of 70,000, 50,000 numbers were originally allocated by region and 20,000 were unallocated. The unallocated reserve was tapped during the
year year
to provide 8,500 additional numbers to East Asia and Near East/South Asia.
ed.
Of the FY2008FY2009 ceiling of 80,000, 7075,000 numbers were originally allocated by region and 105,000 were unallocated. The unallocated reserve was tapped during the
year year
to provide 25,000 additional numbers to Latin America/Caribbean.
f.
Of the FY2009East Asia, Latin America/Caribbean, and Near East/South Asia.
e.
Of the FY2010 ceiling of 80,000, 75,000 numbers were originally allocated by region and 5,000 were unallocated. The unallocated reserve was tapped during the year
to provide 5,0004,500 additional numbers to East Asia, Latin America/Caribbean, and Near East/South Asia.
f.
For FY2003, separate sub-allocations were provided for Eastern Europe and the Former Soviet Union (FSU); they are combined here.
g.
Of the FY2008g.
Of the FY2010 ceiling of 80,000, 7570,000 numbers were originally allocated by region and 510,000 were unallocated. The unallocated reserve was tapped during the year
to provide 4,5002,000 additional numbers to East Asia, Latin America/Caribbean, and Near East/South AsiaLatin America/Caribbean.
h.
Of the FY2013 ceiling of 70,000, 67,000 numbers were originally allocated by region and 3,000 were unallocated. The unallocated reserve was tapped and regional
allocations were shifted during the year to provide additional numbers to Africa and Near East/South Asia; all original regional allocations were changed.
CRS-3
Refugee Admissions and Resettlement Policy
FY2013FY2014 Refugee Ceiling and Allocations
On September 28, 2012October 28, 2013, President Obama signed the Presidential Determination setting the
FY2013 FY2014
worldwide refugee ceiling and regional levels.1112 As indicated in Table 1, the FY2013
FY2014 ceiling is 70,000. The ceiling and allocations in the FY2013 Presidential Determination are
identical to those in the FY2013 consultation document.
The FY2013
70,000.
The FY2014 refugee ceiling of 70,000 includes 6768,000 admissions numbers allocated among the
regions of the world and an unallocated reserve of 32,000 numbers. An unallocated reserve is to be
used if, and where, a need develops for refugee slots in excess of the allocated numbers. This has
occurred in recent years, as detailed in Table 1.
Africa has been allocated 1215,000 refugee admissions numbers for FY2013. The FY2012FY2014. The FY2013
allocation to the region was also 12,000, and FY2012 admissions totaled 10,608.12 For Africa, as
for all regions, the FY2013originally 12,000 but was increased to 15,950 to accommodate
additional admissions. FY2013 admissions exceeded the regional ceiling, totaling 15,980.13 For
Africa, as for all regions, the FY2014 allocation is intended to cover previously approved
refugees in the
pipeline as well as new cases. FY2013FY2014 admissions are expected to come primarily
from East and
Southern Africa and to include Somalis, Eritreans, and Congolese and Eritreans, among others.
East Asia’s FY2013FY2014 allocation is 1714,000, compared to an FY2012 allocation of 18,000. FY2012
a revised FY2013 allocation of 16,600.
FY2013 admissions totaled 14,366. FY201316,537. FY2014 admissions are expected to consist primarily of Burmese
Burmese refugees living in Thailand and Malaysiaand Malaysia and Thailand.
Europe and Central Asia have a combined FY2013FY2014 allocation of 21,000 refugee numbers, the same
as in FY2012. In FY2012,. The
revised FY2013 allocation for this region was 650, and FY2013 admissions totaled 1,129580. The 2013 2014
allocation includes projected
admissions of “Lautenberg Amendment” cases from the former
Soviet Union (discussed below).
The FY2013see “Lautenberg Amendment and Specter Amendment”).
The FY2014 allocation for Latin America and the Caribbean is 5,000, compared to an FY2012
a revised
FY2013 allocation of 5,500. FY20124,400. FY2013 admissions totaled 2,078. exceeded the regional ceiling, totaling 4,439.
Cubans account for the vast majority of
admissions from this region.
The Near East/South Asia FY2013FY2014 allocation is 31,000, a decrease from the FY2012 allocation of
35,500. FY201233,000, similar to the revised FY2013 allocation
of 32,400. FY2013 admissions totaled 30,057. FY201332,391. FY2014 admissions are expected to include Iraqis,
Bhutanese, Iranians, Syrians, Pakistanis, and Afghans. With respect to Syrians, the FY2014
consultation document notes:
We also expect UNHCR referrals of particularly vulnerable Syrian refugees residing in
neighboring countries, given UNHCR’s mid-2013 decision that third-country resettlement
will play a role in its response to the Syrian refugee crisis.14
12
U.S. President [Obama], “Refugee Admissions for Fiscal Year 2014,” Presidential Determination No. 2014–01 of
October 2, 2013, 78 Federal Register, pp. 62415-62416, October 21, 2013.
13
See Appendix for annual refugee admissions numbers by region since FY1987.
14
Proposed Refugee Admissions for Fiscal Year 2014, p. 54.
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Refugee Admissions and Resettlement PolicyPakistanis, and Afghans.
Refugee Processing Priorities
DOS is responsible for overseas processing of refugees. Generally, it arranges for a nongovernmental organization (NGO), an international organization, or U.S. embassy contractors to
manage a Resettlement Support Center (RSC) that assists in refugee processing. RSC staff
conduct pre-screening interviews of prospective refugees and prepare cases for submission to
USCIS, which handles refugee adjudications. Overseas refugee processing is conducted through a
system of three priorities for admission. These priorities are separate and distinct from whether
such persons qualify for refugee status.
11
U.S. President [Obama], “Fiscal Year 2013 Refugee Admissions Numbers and Authorizations of In-Country Refugee
Status ...,” Presidential Determination No. 2012–17 of September 28, 2012, 77 Federal Register, pp. 61507-61508,
October 10, 2012.
12
See Appendix for annual refugee admissions numbers by region since FY1987.
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Priority 1 covers refugees for whom resettlement seems to be the appropriate durable solution,
who are referred to the U.S. refugee program by UNHCR, a U.S. embassy, or a designated NGO.
Such persons often have compelling protection needs, and may be in danger of attack or of being
returned to the country they fled. All nationalities are eligible for this priority.
Priority 2 covers groups of special humanitarian concern to the United States. It includes specific
groups that may be defined by their nationalities, clans, ethnicities, or other characteristics.
Unlike Priority 1 cases, individuals falling under Priority 2 are able to access the U.S. refugee
program without a UNHCR, embassy, or NGO referral. Some P-2 groups, such as Cuban
dissidents and certain former Soviet nationals (see “Lautenberg Amendment” cases, discussed
below and Specter
Amendment”), are processed in their country of origin. Other Priority 2 groups are processed outside
outside their country of origin. These include Iranian religious minorities (“Specter Amendment” cases,
discussed below) processed in Austria and Turkey, and Burmese in refugee camps in Thailand.
Burmese in refugee camps in Thailand and Iranian
religious minorities processed in Austria and Turkey (see “Lautenberg Amendment and Specter
Amendment”). Another P-2 group, Iraqis associated with the United States, is eligible for in-countryincountry processing
in Iraq as well as processing outside that country.1315
Priority 3 covers family reunification cases. Refugee applications under Priority 3 are based upon
an affidavit of relationship (AOR) filed by an eligible relative in the United States. The Priority 3
program is limited to designated nationalities. For FY2013FY2014, Priority 3 processing is available to
nationals of 22 countries.1416 Individuals falling under Priority 3, like those falling under Priority 2,
are able to access the U.S. refugee program without a UNHCR, embassy, or NGO referral.
The The
Priority 3 program has changed over the years. Since FY2004, qualifying family members
have have
been the spouses, unmarried children under age 21, and parents of persons who were
admitted to
the United States as refugees or granted asylum.15 On October 22,17 In October 2008, the U.S.
refugee program stopped accepting applications under Priority 3.16 Earlier in 2008, processing of
Priority 3 cases was suspended in certain locations in Africa “due to indications of extremely high
rates of fraud obtained through pilot DNA testing.”17 Priority 3 processing resumed at the
beginning of FY2013 with a new AOR form and requirement for DNA evidence of certain
claimed biological parent-child relationships. According to the FY2013 consultation document,
13 refugee program
15
The Refugee Crisis in Iraq Act of 2007 (Division A, Title XII, Subtitle C of P.L. 110-181, January 28, 2008)
designates certain Iraqis for P-2 processing.
1416
The countries are: Afghanistan, Bhutan, Burma, Burundi, Central African Republic, Chad, Colombia, Cuba,
Democratic Democratic
People’s Republic of Korea (DPRK), Democratic Republic of Congo (DRC), Eritrea, Ethiopia, Haiti, Iran,
Iraq, Mali,
Republic of Congo (ROC), Somalia, South Sudan, Sri Lanka, Sudan, Uzbekistan, and Zimbabwe. Proposed
Refugee Syria, and Uzbekistan. Proposed Refugee
Admissions for Fiscal Year 20132014, p. 13.
1517
During the late 1990s, the State Department found that a large number of Priority 3 applications were received from
persons who did not qualify for refugee status and that there was a significant amount of fraud associated with these
applications. To address these problems, the U.S. government reduced the number of nationalities eligible for such
refugee slots. For FY2003, four nationalities were eligible for Priority 3 processing. For FY2004, the Priority 3
program was revised on a pilot basis. To simultaneously broaden access to the program and continue to address
concerns about fraud, the number of eligible nationalities was increased to nine, while the types of qualifying
relationships were restricted. As noted above, eligibility for Priority 3 currently requires a qualifying relationship with
an individual who was admitted to the United States as a refugee or granted asylum. Prior to FY2004, this processing
priority was available to those with qualifying relationships with a much wider range of legal U.S. residents without
regard to how these residents gained admission to the United States. In another change, since FY2004, children have to
be under age 21 to be eligible for Priority 3. In the past, this processing priority was also available to older unmarried
sons and daughters. These changes to the Priority 3 qualifying relationships have remained in place since FY2004.
16
U.S. Department of State, Bureau of Population, Refugees, and Migration, “Fraud in the Refugee Family
Reunification (Priority Three) Program,” fact sheet, December 4, 2008.
17
Proposed Refugee Admissions for Fiscal Year 2013, p. 12.
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the Priority 3 program will be closely monitored “for any indication of new attempts at such
fraud.”18(continued...)
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stopped accepting applications under Priority 3.18 Earlier in 2008, processing of Priority 3 cases
was suspended in certain locations in Africa “due to indications of extremely high rates of fraud
obtained through pilot DNA testing.”19 Priority 3 processing resumed in October 2012 with a new
AOR form and requirement for DNA evidence of certain claimed biological parent-child
relationships.
Refugee Adjudications
USCIS is responsible for adjudicating refugee cases. It makes determinations about whether an
individual qualifies for refugee status and is otherwise admissible to the United States. In the past,
the majority of refugee adjudications were conducted by USCIS officers on temporary duty from
domestic asylum offices. Today, these adjudications are handled by USCIS officers in the
Refugee Corps.
Admissibility of Refugees
In order to be admitted to the United States, a prospective refugee must be admissible under
immigration law. The INA sets forth various grounds of inadmissibility, which include healthrelated grounds, security-related grounds, public charge (i.e., indigence), and lack of proper
documentation.1920 Some inadmissibility grounds (public charge, lack of proper documentation) are
not applicable to refugees. Others can be waived for humanitarian purposes, to assure family
unity, or when it is otherwise in the public interest.2021 Of particular relevance to the admission of
refugees are certain health-related and security-related grounds of inadmissibility.
Under the INA health-related grounds of inadmissibility, an alien who is determined, in
accordance with Department of Health and Human Services (HHS) regulations, to have a
communicable disease of public health significance is inadmissible. Until recently, human
immunodeficiency virus (HIV) infection was defined to be one of these diseases, although HIVinfected refugees could apply for a waiver. In 2008, Congress amended the INA to eliminate the
reference to HIV infection as a health-related ground of inadmissibility.2122 And effective January 4,
2010, the Centers for Disease Control and Prevention (CDC) of HHS amended its regulations to
remove HIV infection from the definition of a communicable disease of public health
significance.22
Since 1990, the security-related grounds of inadmissibility in the INA have expressly included
terrorism-related grounds. Over the years, the terrorism-related grounds have been amended to
lower the threshold for how substantial, apparent, and immediate an alien’s support for a terrorist
activity or organization may be for the alien to be rendered inadmissible.23 Among the current
terrorism-related grounds, an alien is generally inadmissible for engaging in terrorist activity if he
or she gives any material support, such as a safe house, transportation, communications, or funds,
18
Ibid., p. 12.
23
(...continued)
be under age 21 to be eligible for Priority 3. In the past, this processing priority was also available to older unmarried
sons and daughters. These changes to the Priority 3 qualifying relationships have remained in place since FY2004.
18
U.S. Department of State, Bureau of Population, Refugees, and Migration, “Fraud in the Refugee Family
Reunification (Priority Three) Program,” fact sheet, December 4, 2008, http://2001-2009.state.gov/g/prm/refadm/rls/fs/
2008/112760.htm.
19
Proposed Refugee Admissions for Fiscal Year 2014, p. 12.
20
For further information on the grounds of inadmissibility generally, see CRS Report R41104, Immigration Visa
Issuances and Grounds for Exclusion: Policy and Trends, by Ruth Ellen Wasem.
2021
Certain grounds of inadmissibility, including most security-related grounds, cannot be waived.
2122
P.L. 110-293, Title III, §305, July 30, 2008.
2223
U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, “Medical Examination
of Aliens—Removal of Human Immunodeficiency Virus (HIV) Infection From Definition of Communicable Disease
of Public Health Significance,” 74 Federal Register, pp. 56547-56562, November 2, 2009.
23
See archived CRS Report RL32564, Immigration: Terrorist Grounds for Exclusion and Removal of Aliens, by
Michael John Garcia and Ruth Ellen Wasem.
19
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Since 1990, the security-related grounds of inadmissibility in the INA have expressly included
terrorism-related grounds. Over the years, the terrorism-related grounds have been amended to
lower the threshold for how substantial, apparent, and immediate an alien’s support for a terrorist
activity or organization may be for the alien to be rendered inadmissible.24 Among the current
terrorism-related grounds, an alien is generally inadmissible for engaging in terrorist activity if he
or she gives any material support, such as a safe house, transportation, communications, or funds,
to a terrorist organization or any of its members or to a person engaged in terrorist activity. The
Secretary of State or the Secretary of DHS, after consultation with the other and the Attorney
General, may exercise discretionary waiver authority over certain terrorism-related grounds of
inadmissibility. Both the Secretary of State and the Secretary of DHS have exercised this waiver
authority with respect to certain categories of individuals.
The Consolidated Appropriations Act, 2008, enacted in December 2007, specifies groups that, for
purposes of the INA
terrorism-related grounds of inadmissibility, are not to be considered terrorist
organizations on the
basis of past acts. 2425 Thus, a prospective refugee who was a member of, or
provided support to,
one of these groups would not be inadmissible on the basis of those actions.
More broadly, the
Consolidated Appropriations Act expands the discretionary authority of the
Secretary of State and
the Secretary of DHS to grant waivers of the terrorism-related grounds of
inadmissibility inadmissibility
generally.
Special Refugee Provisions
Lautenberg Amendment and Specter Amendment
The “Lautenberg Amendment” is a provision of the FY1990 Foreign Operations Appropriations
Act. It requires the Attorney General to designate categories of former Soviet and Indochinese
nationals for whom less evidence is needed to prove refugee status, and provides for adjustment
to permanent resident status of certain Soviet and Indochinese nationals granted parole after being
denied refugee status.25 Applicants26 To be eligible to apply for refugee status under the special provision are required to
, an
individual must have close family in the United States. Applicants under the Lautenberg standard
are required to prove that they are members of a protected category with a credible, but not necessarily
necessarily individual, fear of persecution. By contrast, the INA requires prospective refugees to
establish a
well-founded fear of persecution on a case-by-casean individual basis.
The Lautenberg Amendment has been regularly extended in appropriations acts, although there
have often been gaps between extensions. The Consolidated Appropriations Act, 2004, in addition
to extending the amendment through FY2004, amended the Lautenberg Amendment to add a new
provision known as the “Specter Amendment.”26 The Specter Amendment requires the
designation of categories of Iranian nationals, specifically religious minorities, for whom less
evidence is needed to prove refugee status. The Consolidated Appropriations Act, 2010, extended
the Lautenberg Amendment, including the Specter Amendment, through FY2010.27 For FY2011,
2424
See archived CRS Report RL32564, Immigration: Terrorist Grounds for Exclusion and Removal of Aliens, by
Michael John Garcia and Ruth Ellen Wasem.
25
P.L. 110-161, Division J, Title VI, §691, December 26, 2007. DHS and DOS followed this enactment with a series of
Federal Register notices similarly stating that the terrorism-related grounds of inadmissibility would generally be
waived with respect to any assistance provided by an alien to any of the entities expressly exempted by the
Consolidated Appropriations Act, 2008, from being deemed terrorist organizations. U.S. Department of Homeland
Security, Office of the Secretary, and Department of State, Office of the Secretary, “Exercise of Authority Under
Section 212(d)(3)(B)(i) of the Immigration and Nationality Act” [10 separate notices with same title], 73 Federal
Register 34770-34777, June 18, 2008.
2526
P.L. 101-167, Title V, §599D and §599E, November 21, 1989. Parole is a temporary authorization to enter the
United States and is typically granted when the alien’s entry is determined to be in the public interest.
26
P.L. 108-199, Division E, Title II, §213, January 23, 2004.
27
P.L. 111-117, Division F, Title VII, §7034(f), December 16, 2009. Earlier extensions were included in P.L. 108-447,
December 8, 2004; P.L. 109-102, November 14, 2005; P.L. 110-5, February 15, 2007; and P.L. 110-161, December 26,
2007.
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Congress extended the amendment only until June 1, 2011,28 and it temporarily lapsed on that
date. It was re-enacted for FY2012 and for FY2013, and is now in effect through September 30,
2013.29
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provision known as the “Specter Amendment.”27 The Specter Amendment requires the
designation of categories of Iranian nationals, specifically religious minorities, for whom less
evidence is needed to prove refugee status. The Consolidated Appropriations Act, 2010, extended
the Lautenberg Amendment, including the Specter Amendment, through FY2010.28 For FY2011,
Congress extended the amendment only until June 1, 2011,29 and it temporarily lapsed on that
date. It was subsequently re-enacted and is now in effect through September 30, 2014.30
Vietnamese Refugees
The “McCain Amendment,” which is no longer in effect, was first enacted in the FY1997
Omnibus Consolidated Appropriations Act.3031 It covered certain adult children, whose parents
were Vietnamese re-education camp survivors and had been accepted for U.S. refugee
resettlement. The amendment made the adult children eligible for U.S. refugee resettlement. It
was subsequently amended and extended through FY1999.
In November 1999, the McCain Amendment was re-enacted in revised form for FY2000 and
FY2001 in the Consolidated Appropriations Act, 2000.3132 As revised, it applied to the adult
children of a re-education camp survivor who was residing in the United States or awaiting
departure from Vietnam and who, after April 1995, was accepted for U.S. refugee resettlement or
for admission as an immediate relative immigrant. The April 1995 date restriction did not apply to
children who were previously denied refugee resettlement because their documents did not show
continuous co-residency with their parent.
Legislation to amend and extend the provision through FY2003 was approved by the 107th
Congress in May 2002.3233 This law eliminated the existing April 1995 date restriction. Thus,
children who were previously denied refugee resettlement for reasons other than co-residency
could also have their cases reconsidered. This revised provision, which was regularly extended,3334
is sometimes referred to as the “McCain-Davis Amendment.” The McCain-Davis Amendment
was last extended, through FY2010, by the Omnibus Appropriations Act, 2009.3435 This extension
was repealed, however, by the Consolidated Appropriations Act, 2010,35 and the McCain
amendment is no longer in effect.
Refugee Resettlement Assistance
The Department of Health and Human Services’ Office of Refugee Resettlement (HHS/ORR),
within the Administration for Children and Families (ACF), administers an initial transitional
assistance program for temporarily dependent refugees and Cuban/Haitian entrants. Since its
establishment in 1980, the refugee resettlement program has been justified on the grounds that the
admission of refugees is a federal decision, entailing some federal responsibility. Unlike
immigrants who enter through family or employment ties, refugees are admitted on humanitarian
grounds, and there is no requirement that they demonstrate economic self-sufficiency.
28
.36
27
P.L. 108-199, Division E, Title II, §213, January 23, 2004.
P.L. 111-117, Division F, Title VII, §7034(f), December 16, 2009. Earlier extensions were included in P.L. 108-447,
December 8, 2004; P.L. 109-102, November 14, 2005; P.L. 110-5, February 15, 2007; and P.L. 110-161, December 26,
2007.
29
P.L. 112-10, Division B, §2121(m), April 15, 2011.
30
P.L. 112-74, Division I, §7034(r), December 23, 2011; P.L. 113-6, Division F, §1706(h), March 26, 2013; P.L. 11376, Division K, §7034(m)(8), January 17, 2014.
31.
30
Section 584 of P.L. 104-208, Division A, Section 101(c), September 30, 1996.
3132
P.L. 106-113, Appendix G, Division A, §255, November 29, 1999.
3233
P.L. 107-185, May 30, 2002.
3334
It was extended by P.L. 108-447, P.L. 109-102, and P.L. 110-161.
3435
P.L. 111-8, Division H, §7034(d), March 11, 2009.
3536
P.L. 111-117, Division F, §7034(d).
2928
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For FY2012, appropriations for ORR refugee assistance totaled $768.3 million. For FY2013, the
Consolidated and Further Continuing Appropriations Act, 2013, appropriates $1.016 billion for
refugee assistance;36 after adjustments for the rescission and the sequestration, FY2013 funding
totals $999.4 million, according to ACF.37 Table 2 details refugee resettlement funding for
FY2003-FY2013.
Table 2. Refugee Resettlement Funding, FY2003-FY2013
(budget authority in millions)
Programs
FY04
Actual
FY05
Actual
FY06
Actual
FY07
Enacted
FY08
Enacteda
FY09
Estimate
FY10
Enacted
FY11
Enacted
FY12
Actual
Transitional/Cash
and Medical
Services
$169.0
$205.0
$265.4
$265.5
$301.3
$282.3
$353.3
$352.6
$323.2
$401.1
9.9
9.9
9.8
9.8
10.0
9.8
9.8
9.8
9.8
9.3
152.2
152.2
153.9
154.0
156.7
154.0
154.0
153.7
124.3
149.9
Victims of
Tortured
9.9
9.9
9.8
9.8
10.0
10.8
11.1
11.1
11.0
10.7
Preventive
Health
4.8
4.8
4.7
4.7
4.8
4.7
4,7
4,7
4,7
4.6
Targeted
Assistance
49.0
49.1
48.6
48.6
49.5
48.6
48.6
48.5
28.1
47.6
Unaccompanied
Alien Childrene
52.8
53.8
77.2
95.3
135.0
123.1
149.4
149.1
267.2
376.1
$447.6
$484.7
$569.4
$587.8
$667.3
$633.4
$730.9
$729.5
$768.3
$999.4
Victims of
Traffickingc
Social Services
Totalf
FY13b
Sources: U.S. Department of Health and Human Services, Administration for Children and Families, Justifications
of Estimates for Appropriations Committees, Fiscal Years 2005-2014; U.S. Department of Health and Human
Services, Administration for Children and Families, ACF All-Purpose Table, 2005-2007, 2012-2013; U.S.
Congress, Conference Committees, Departments of Transportation and Housing and Urban Development, and
Related Agencies Appropriations Act, 2010, conference report to accompany H.R. 3288, 111th Cong., 1st sess.,
H.Rept. 111-366, Labor-Health and Human Services-Education funding table, p. 1292.
a.
Amounts do not reflect recission.
b.
Amounts reflect recission and sequestration.
c.
Funding used primarily for administrative cost of certifying that an alien is a trafficking victim for purposes
of Refugee Resettlement Assistance
The Department of Health and Human Services’ Office of Refugee Resettlement (HHS/ORR),
within the Administration for Children and Families (ACF), administers an initial transitional
assistance program for temporarily dependent refugees and Cuban/Haitian entrants. Since its
establishment in 1980, the refugee resettlement program has been justified on the grounds that the
admission of refugees is a federal decision, entailing some federal responsibility. Unlike
immigrants who enter through family or employment ties, refugees are admitted on humanitarian
grounds, and there is no requirement that they demonstrate economic self-sufficiency.
For FY2013, the Consolidated and Further Continuing Appropriations Act, 2013, appropriated
$1.016 billion for refugee assistance; after adjustments for the rescission and the sequestration,
FY2013 funding totaled $999.4 million, according to ACF.37 For FY2014, the Consolidated
Appropriations Act, 2014, provides $1.486 billion for ORR programs.38 Table 2 details refugee
resettlement funding for FY2005-FY2014.
Table 2. Refugee Resettlement Funding, FY2005-FY2014
(budget authority in millions of dollars)
Programs
FY05
Actual
FY06
Actual
FY07
Enacted
FY08
Enacteda
FY09
Estimate
FY10
Enacted
FY11
Enacted
FY12
Actual
FY13b
Transitional/Cash
and Medical
Services
$205.0
$265.4
$265.5
$301.3
$282.3
$353.3
$352.6
$323.2
$401.1
$391.5
9.9
9.8
9.8
10.0
9.8
9.8
9.8
9.8
9.3
13.8
152.2
153.9
154.0
156.7
154.0
154.0
153.7
124.3
149.9
149.9
Victims of
Tortured
9.9
9.8
9.8
10.0
10.8
11.1
11.1
11.0
10.7
10.7
Preventive
Health
4.8
4.7
4.7
4.8
4.7
4,7
4,7
4,7
4.6
4.6
Targeted
Assistance
49.1
48.6
48.6
49.5
48.6
48.6
48.5
28.1
47.6
47.6
Unaccompanied
Alien Childrene
53.8
77.2
95.3
135.0
123.1
149.4
149.1
267.2
376.1
868.0
$484.7
$569.4
$587.8
$667.3
$633.4
$730.9
$729.5
$768.3
$999.4
$1,486.1
Victims of
Traffickingc
Social Services
Totalf
FY14
Sources: U.S. Department of Health and Human Services, Administration for Children and Families, Justifications
of Estimates for Appropriations Committees, FY2005-FY2014; U.S. Department of Health and Human Services,
Administration for Children and Families, ACF All-Purpose Table, 2005-2007, 2012-2013; U.S. Congress,
Conference Committees, Departments of Transportation and Housing and Urban Development, and Related Agencies
Appropriations Act, 2010, conference report to accompany H.R. 3288, 111th Cong., 1st sess., H.Rept. 111-366,
Labor-Health and Human Services-Education funding table, p. 1292; “Explanatory Statement Submitted by Mr.
37
U.S. Department of Health and Human Services, Administration for Children and Families, ACF All-Purpose Table,
2012-2013, http://www.acf.hhs.gov/programs/olab/resource/administration-for-children-and-families-all-purpose-tablefy-2012-2013.
38
P.L. 113-76, Division H, January 17, 2014.
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Rogers of Kentucky, Chairman of the House Committee on Appropriations Regarding the House Amendment to
the Senate Amendment on H.R. 3547, Consolidated Appropriations Act, 2014,” Labor-Health and Human
Services-Education funding table, Congressional Record, daily edition, vol. 160 (January 15, 2014), p. H1082.
a.
Amounts do not reflect recission.
b.
Amounts reflect recission and sequestration.
c.
Funding used primarily for administrative cost of certifying that an alien is a trafficking victim for purposes of
receiving benefits and services.
d.
Funding used for rehabilitation services, social services, and legal services for torture victims and for
provision of research and training to health care providers.
e.
The Homeland Security Act of 2002 (P.L. 107-296) transferred functions under U.S. immigration law
related related
to the care of unaccompanied alien children from the then-INS to HHS/ORR.
f.
Sum of listed amounts may not equal total due to rounding.
36
P.L. 113-6, Division F, §1509.
U.S. Department of Health and Human Services, Administration for Children and Families, ACF All-Purpose Table,
2012-2013, http://www.acf.hhs.gov/programs/olab/resource/administration-for-children-and-families-all-purpose-tablefy-2012-2013.
37
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amounts may not equal total due to rounding.
ORR-funded refugee assistance activities include refugee cash and medical assistance, social
services to help refugees become socially and economically self-sufficient, and targeted
assistance for impacted areas. Special refugee cash assistance (RCA) and refugee medical
assistance (RMA) are the heart of the refugee program, accounting for a greater portion of the
ORR annual budget than any other activity for refugees (see Table 2).39 RCA and RMA, which in
most cases
are administered by the states, are intended to help needy refugees who are ineligible to receive
receive benefits from mainstream federal assistance programs. RCA and RMA are currently
available to
refugees for eight months after entry.3840 RMA benefits are based on the state’s
Medicaid program,
and RCA payments are now based on the state’s Temporary Assistance for
Needy Families
(TANF) payment to a family unit of the same size.3941
The ORR program was significantly affected by the 1996 welfare reform act and subsequent
amendments.4042 Prior to this legislation, refugees who otherwise met the requirements of federal
public assistance programs were immediately and indefinitely eligible to participate in them just
like U.S. citizens. Now, refugees and other specified humanitarian entrants are subject to time
limits. Table 3 summarizes the time limits on refugee eligibility for four major public assistance
programs.
Table 3. Refugee Eligibility for Major Federal Public Assistance Programs
Program
Eligibility
Supplemental Security Income (SSI) for the Aged,
Blind and Disabled
Eligible for seven years after entry.a
Medicaid (non-emergency care)
Eligible for seven years after entry, then state
option.
TANF
Eligible for five years after entry, then state
option.
Supplemental Nutrition Assistance Program (SNAP) (formerly,
Food Stamps)
Eligible without time limits.
a.
A temporary provision (in P.L. 110-328, September 30, 2008) extended to nine years (during FY2009
through FY2011) the period of eligibility of certain refugees and others for SSI benefits, provided that
specified criteria were met.
38
39
Although the unaccompanied alien children (UAC) program is under ORR, it is not a program for refugees. Instead,
the UAC program serves children under age 18 who do not have lawful immigration status in the United States and
who do not have a parent or legal guardian in the United States available to provide physical custody and care. The
separate unaccompanied refugee minors (URM) program serves refugee children in the United States who do not have
a parent or other relative available to provide care; it is funded through the transitional/cash and medical services
program.
40
INA §412(e)(1) authorizes ORR to reimburse states for RCA and RMA for 36 months. Initially, beginning in April
1980, RCA and RMA were available for the full 36 months. As appropriations levels decreased in subsequent years,
however, the period of coverage was reduced. Since October 1991, RCA and RMA have been available to needy
refugees for
eight months after entry.
3941
For additional discussion of ORR assistance, see archived CRS Report R41570, U.S. Refugee Resettlement
Assistance, by Andorra Bruno.
4042
The 1996 welfare reform law is the Personal Responsibility and Work Opportunity Reconciliation Act, P.L. 104-193,
August 22, 1996.
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Table 3. Refugee Eligibility for Major Federal Public Assistance Programs
Program
Eligibility
Supplemental Security Income (SSI) for the Aged,
Blind and Disabled
Eligible for seven years after entry.a
Medicaid (non-emergency care)
Eligible for seven years after entry, then state
option.
TANF
Eligible for five years after entry, then state
option.
Supplemental Nutrition Assistance Program (SNAP) (formerly,
Food Stamps)
Eligible without time limits.
a.
A temporary provision (in P.L. 110-328, September 30, 2008) extended to nine years (during FY2009
through FY2011) the period of eligibility of certain refugees and others for SSI benefits, provided that
specified criteria were met.
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Appendix. Refugee Admissions by Region,
FY1987-FY2013Appendix. Refugee Admissions by Region,
FY1987-FY2012
FY
1987
1988
1989
Africa
1,990
1,593
East
Asia
40,099
35,371
Eastern
Europe
8,396
7,510
Latin
America/
Caribbean
Near East/
South Asia
Total
3,699
323
10,021
64,528
20,411
3,230a
8,368
76,483
39,602
4,116a
6,976a
107,070
4,979
122,066
Total
1,902
45,722
1990
3,453
51,604a
6,094
50,628
5,308a
1991
4,420
53,522
6,837
39,226
4,042a
5,342
113,389
1992
5,470
51,899
2,915
61,397
3,947a
6,903
132,531
1993
6,967
49,817
2,582
48,773
4,322a
6,987
119,448
1994
5,860
43,564
7,707
43,854
6,156
5,840
112,981
1995
4,827
36,987
10,070
35,951
7,629
4,510
99,974
1996
7,604
19,321
12,145
29,816
3,550
3,967
76,403
1997
6,065
8,594
21,401
27,331
2,996
4,101
70,488
1998
6,887
10,854
30,842
23,557
1,627
3,313
77,080
1999
13,043
10,206
38,658
17,410
2,110
4,098
85,525
2000
17,561
4,561
22,561
15,103
3,232
10,129
73,147
2001
19,020
344,163
15,794
15,978
2,975
11,956
69,886
2002
2,551
3,512
5,459
9,969
1,934
3,706
27,131
2003
10,714
1,724
2,506
8,744
455
4,260
28,403
2004
29,104
8,084
9,254b
3,577
2,854
52,873
2005
20,745
12,076
11,316b
6,699
2,977
53,813
5,659
10,456b
3,264
3,718
41,223
15,643
4,560b
2,976
7,620
48,282
4,277
25,147
60,191
2006
2007
18,126
17,483
8,752
Former
Soviet
Union
2008
8,935
19,489
2,343b
2009
9,670
19,850
1,997b
4,857
38,280
74,654
2010
13,305
17,716
1,526b
4,982
35,782
73,311
2011
7,685
17,367
1,228b
2,976
27,168
56,424
2012
10,608
14,366
1,129 b129b
2,078
30,057
58,238
2013
15,980
16,537
580
4,439
32,391
69,927
Source: U.S. Department of State, Bureau of Population, Refugees and Migration.
Notes: Data for 2001-2012FY1987-FY2000 are as of July 31, 2013. Data for earlier years may not reflect all subsequent
adjustments.
a. June 30, 2002. Data for FY2001-FY2013 are as of January 31, 2014.
a.
Includes refugees admitted under the Private Sector Initiative (PSI), most of whom were Cuban.
b.
b.
Beginning in FY2004, the categories of Eastern Europe and the Former Soviet Union were combined into a
single category, Europe and Central Asia. These are the total admissions under that category.
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Author Contact Information
Andorra Bruno
Specialist in Immigration Policy
abruno@crs.loc.gov, 7-7865
Congressional Research Service
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