Order Code RL31269
Refugee Admissions and Resettlement Policy
Updated January 25, 2007
Andorra Bruno
Specialist in Social Legislation
Domestic Social Policy Division

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 FY2007, the
worldwide refugee ceiling is 70,000, with 50,000 admissions numbers allocated
among the regions of the world and 20,000 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 FY2007 regional allocations
are, as follows: Africa (22,000), East Asia (11,000), Europe and Central Asia
(6,500), Latin America/Caribbean (5,000), and Near East/South Asia (5,500).
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 Amendment” 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. They do not have to establish persecution on an
individual basis as do other refugees. P.L. 108-199 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 evidentiary standard. P.L. 109-102 extended the
Lautenberg Amendment, as amended by the Specter Amendment, through FY2006.
Another provision, referred to as the “McCain Amendment” or the “McCain-Davis
Amendment,” makes certain adult children of Vietnamese re-education camp
survivors eligible for U.S. refugee resettlement. P.L. 109-102 extended this
provision through FY2007.
The Department of Health and Human Service’s Office of Refugee Resettlement
(HHS/ORR) administers an initial transitional assistance program for temporarily
dependent refugees and Cuban/Haitian entrants. Funding for ORR is included in the
annual Labor, HHS, Education appropriations acts. The FY2006 appropriation for
ORR was $575.6 million, which was subject to a 1% recision. An FY2007 Labor,
HHS, Education appropriations act has not yet been enacted. Continuing resolutions
have provided temporary Labor, HHS, Education funding since October 1, 2006.
This report will be updated as major developments occur.


Contents
Background and Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Refugee Admissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
FY2007 Refugee Ceiling and Allocations . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Refugee Processing Priorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Refugee Adjudications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Admissibility of Refugees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Special Refugee Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Lautenberg Amendment and Specter Amendment . . . . . . . . . . . . . . . . 7
Vietnamese Refugees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Refugee Resettlement Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Appendix. Refugee Admissions by Region, FY1987-FY2006 . . . . . . . . . . . . . . 12
List of Tables
Table 1. Refugee Admissions Ceilings and Regional Allocations,
FY1998-FY2007 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Table 2. Refugee Resettlement Funding, FY2000-FY2006 . . . . . . . . . . . . . . . . 10
Table 3. Refugee Eligibility for Major Federal Public Assistance Programs . . . 11

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
State Department 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.4 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
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, Mar. 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); 8 U.S.C. § 1101(a)(42).
4 Refugee adjudications were previously handled by the Immigration and Naturalization
Service (INS) of the Department of Justice. The Homeland Security Act of 2002 (P.L. 107-
296, Nov. 25, 2002) abolished INS and transferred most of its functions to DHS as of Mar.
1, 2003.

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meet the definition of a refugee.5 After one year in refugee status in the United
States, refugees are required by law to apply to adjust to legal permanent resident
(LPR) status.6
Refugee Admissions
It is U.S. policy to admit at least half of the refugees referred by the United
Nations High Commissioner for Refugees (UNHCR) for resettlement 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.7 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 refugee ceiling and regional
allocations for the upcoming fiscal year. Following congressional consultations on
the Administration’s proposal, the President issues a Presidential Determination
setting the refugee numbers for that year.8
The U.S. refugee program was significantly affected 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, refugee admissions plunged, declining from an FY2001 total of 69,304 to an
FY2002 total of 27,110 and an FY2003 total of 28,422.9 Admissions have rebounded
since then, but total refugee admissions in FY2004 (52,868), FY2005 (53,813), and
FY2006 (41,279) remained below pre-September 11 levels.
Table 1 shows refugee admissions ceilings and regional allocations for FY1998-
FY2007. For FY1998-FY2006 the table also contains data on actual admissions.10
5 See CRS Report RL32621, U.S. Immigration Policy on Asylum Seekers, by Ruth Ellen
Wasem.
6 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. Asylee adjustments of status had been subject to an annual limit of
10,000, but this cap was eliminated by P.L. 109-13, May 5, 2005.
7 INA §207(a).
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 about 20,000. From FY1979 through FY2001, annual refugee
admissions totaled more than 60,000.
10 For annual data on refugee admissions by region since FY1987, see the appendix at the
end of this report.

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Table 1. Refugee Admissions Ceilings and Regional Allocations, FY1998-FY2007
Region
FY1998
FY1999
FY2000
FY2001
FY2002
FY2003
FY2004
FY2005
FY2006
FY2007
Africa
7,000 12,000
18,000
20,000
22,000
20,000
30,000f
21,000g
20,000
22,000
East Asia
14,000
9,000
8,000
6,000
4,000
4,000
8,500f
13,000
15,000
11,000
Europe and Central Asiaa
51,000 61,000d
47,000
37,000
26,000
16,500
13,000
15,500g
15,000
6,500
Latin America/Caribbean
4,000
3,000
3,000
3,000
3,000
2,500
3,500
7,000g
5,000
5,000
Near East/South Asia
4,000
4,000
8,000
10,000
15,000
7,000
3,000f
3,500g
5,000
5,500
Unallocated
3,000 2,000
6,000
4,000

— 20,000
12,000f
11,000g
10,000
20,000
Total ceilings
83,000c
91,000
90,000
80,000
70,000
70,000
70,000
70,000
70,000
70,000
Actual admissionsb
77,080
85,525
73,147
69,304
27,110
28,422
52,868
53,813
41,279
NA
Sources: For ceiling and allocation data: PD 97-37, Sept. 30, 1997; PD 98-39, Sept. 30, 1998; PD 99-33, Aug. 12, 1999; PD 99-45, Sept. 30, 1999; PD 2000-32, Sept.
29, 2000; PD 02-04, Nov. 21, 2001; PD 03-02, Oct. 16, 2002; PD 2004-06, Oct. 21, 2003; PD 2004-53, Sept. 30, 2004; PD 2006-3, Oct. 24, 2005; PD 2007-1, Oct.
11, 2006; U.S. Department of State, U.S. Department of Justice, and U.S. Department of Health and Human Services, Proposed Refugee Admissions..., Fiscal Years
1998-2007. For actual admissions data: U.S. Department of State, Bureau of Population, Refugees and Migration.
a. For FY1998-FY2003, separate sub-allocations were provided for the former Yugoslavia and the Former Soviet Union (FSU); they are combined here.
b. FY1998-FY2006 data as of Dec. 31, 2006.
c. Includes 5,000 unfunded numbers for the FSU to be used if necessary and if funding is available.
d. Includes 13,000 numbers for Kosovar refugees added by Emergency Presidential Determination (PD 99-33)
e. Includes 3,000 unfunded numbers for the FSU to be used if necessary and if funding is available.
f. 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 to provide 8,000 additional numbers to Africa, East Asia, and Near East/South Asia.
g. 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 to provide 10,000 additional numbers to Africa, Europe and Central Asia, Latin America/Caribbean, and Near East/South Asia.

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FY2007 Refugee Ceiling and Allocations
On October 11, 2006, President Bush signed the Presidential Determination
setting the FY2007 worldwide refugee ceiling and regional levels.11 The FY2007
ceiling is 70,000, the same as in the past several years. The ceiling and allocations
in the FY2007 Presidential Determination are identical to those in the FY2007
consultation document.12
The FY2007 refugee ceiling of 70,000 includes 50,000 admissions numbers
allocated among the regions of the world and an unallocated reserve of 20,000
numbers. An unallocated reserve is to be used if, and where, a need develops for
refugee slots in excess of the allocated numbers. This occurred in both FY2004 and
FY2005, as detailed in Table 1. Also as shown in Table 1, unallocated reserves
have accounted for a higher percentage of the total refugee ceiling since FY2003 than
in prior years.
Africa has been allocated 22,000 refugee admissions numbers for FY2007. The
FY2006 allocation to the region was 20,000 and admissions totaled 18,182. For
Africa, as for all regions, the FY2007 allocation is intended to cover previously
approved refugees in the pipeline as well as new cases. The new African cases are
expected to be mainly members of groups of special humanitarian concern to the
United States, such as certain Burundian refugees in Tanzania, and family
reunification cases (see discussion below of the refugee processing priorities).
East Asia’s FY2007 allocation is 11,000 refugee numbers, compared with an
FY2006 allocation of 15,000. FY2006 admissions totaled 5,659. According to the
FY2007 consultation document, one reason for the shortfall in FY2006 admissions
was the delay in beginning the processing of Burmese refugees in the Tham Hin
refugee camp in Thailand due to interagency consultations about the applicability of
the recently expanded terrorism-related grounds of inadmissibility in the INA
(discussed below) to the camp population. At issue was the inadmissibility ground
of engaging in terrorist activity by providing material support to a terrorist
organization or a person engaged in terrorist activity. Following the interagency
discussions, the Secretary of State used her waiver authority to make the material
support provision inapplicable to otherwise admissible Burmese Karen refugees in
the Tham Hin camp. Processing of these refugees is expected to continue in FY2007.

Europe and Central Asia have a combined FY2007 allocation of 6,500 refugee
numbers. The FY2006 allocation for this region was 15,000, and admissions totaled
10,456. For FY2007, this allocation includes projected admissions of “Lautenberg
Amendment” cases from the former Soviet Union (discussed below).
11 U.S. President [George W. Bush], “Presidential Determination on FY 2007 Refugee
Admissions Numbers and Authorizations of In-Country Refugee Status ...,” Presidential
Determination No. 2007-1, 71 Federal Register, pp. 64435-64436, Nov. 1, 2006.
12 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 2007: Report
to the Congress
. (Hereafter cited as Proposed Refugee Admissions for Fiscal Year 2007).

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The FY2007 allocation for Latin America and the Caribbean is 5,000, the same
as in FY2006. FY2006 admissions totaled 3,264. Cubans account for the vast
majority of admissions from this region. The U.S. resettlement of Colombian
refugees, who are numerous in the region, has been impacted by the material support
ground of inadmissibility, mentioned above and discussed below. According to the
FY2007 consultation document, FY2007 admissions from the region are expected
to include “a small number” of UNHCR-referred Colombian cases.
The Near East/South Asia FY2007 allocation is 5,500, compared with an
allocation of 5,000 in FY2006. FY2006 admissions totaled 3,718. FY2007
admissions are expected to include primarily cases of vulnerable Iraqis, Afghans, and
Iranian religious and ethnic minorities.
Refugee Processing Priorities
The State Department is responsible for overseas processing of refugees.
Generally, it arranges for an overseas processing entity (OPE) to 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. Priority
assignment, however, does reflect an assessment of the urgency with which such
persons need to be resettled.
Priority 1 covers compelling protection cases and refugees for whom no durable
solution exists, who are referred to the U.S. refugee program by UNHCR, a U.S.
embassy, or a designated non-governmental organization (NGO). Such persons 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. Some of these groups, such as Cuban dissidents
and certain former Soviet nationals (“Lautenberg Amendment” cases, discussed
below), are processed in their country of origin. Other Priority 2 groups are
processed outside their country of origin. These include Iranian religious minorities
(“Specter Amendment” cases, discussed below) processed in Austria and Turkey, and
Burmese in the Tham Hin camp in Thailand. 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.
Priority 3 covers family reunification cases. Since FY2004, it has comprised
cases of spouses, unmarried children under age 21, and parents of persons who were
admitted to the United States as refugees or granted asylum. Priority 3 refugee
applications are based upon affidavits of relationship (AORs). 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 number of nationalities
eligible for Priority 3 processing has varied in recent years. 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

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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, beginning in FY2004, children had to be under age 21 to
be eligible for Priority 3. In the past, this processing priority had also been available
to older unmarried sons and daughters. These changes to the Priority 3 qualifying
relationships have remained in place since FY2004. For FY2007, Priority 3
processing is available to nationals of 17 countries.13
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 health-related grounds, security-
related grounds, public charge (i.e., indigence), and lack of proper documentation.
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.14 Of particular relevance
to the admission of refugees are certain health-related and security-related grounds
of inadmissibility.
The health-related grounds of inadmissibility include infection with the human
immunodeficiency virus (HIV). Prior to June 1999, HIV-infected refugees could
qualify for a waiver by showing the following: (1) the danger they posed to the
public health was minimal; (2) the possibility that they would spread the disease was
minimal; and (3) they would not create additional costs for government agencies at
any level, unless they had the consent of the relevant agencies. On June 16, 1999, the
former Immigration and Naturalization Service (INS) revised this policy, easing the
waiver requirements for HIV-infected refugees. Under the new policy, HIV-positive
13 The countries are: Afghanistan, Burma, Burundi, Colombia, Congo (Brazzaville), Cuba,
Democratic People’s Republic of Korea (DPRK), Democratic Republic of Congo (DRC),
Eritrea, Ethiopia, Haiti, Iran, Iraq, Rwanda, Somalia, Sudan, and Uzbekistan.
14 Certain grounds of inadmissibility, including most security-related grounds, cannot be
waived.

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refugees are no longer required to show that they would not create additional costs
for government-funded programs. The rationale for the change was that there are
federally-funded programs and services available to such refugees (e.g., Refugee
Medical Assistance, Medicaid, and other services supported through the Ryan White
CARE Act), and that this eligibility serves as the U.S. government’s consent to incur
costs for HIV-positive refugees. The new regulations still require that such refugees
have counseling and agree to take precautions to prevent the spread of HIV.
Since 1990, the security-related grounds of inadmissibility have expressly
included terrorism-related grounds. Over the years, the terrorism-related grounds
have been amended, most recently by the REAL ID Act of 2005,15 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.16
Among the current terrorism-related grounds, an alien is 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.17 The Secretary of State or the
Secretary of DHS, after consultation with one other and the Attorney General, may
conclude in his or her unreviewable discretion that this provision will not apply to
any material support an alien provided to an organization or individual.18 As
described above, the Secretary of State has exercised this waiver authority with
respect to Burmese Karen refugees in the Tham Hin camp in Thailand. The FY2007
consultation document notes that the Bush administration is considering whether to
issue waivers to other unspecified “refugee populations of humanitarian concern to
the United States, based on a full consideration of foreign policy and national security
factors.”19
Special Refugee Provisions
Lautenberg Amendment and Specter Amendment. The “Lautenberg
Amendment” is a provision of the FY1990 Foreign Operations Appropriations Act.20
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.21 Applicants
15 P.L. 109-13, May 5, 2005.
16 See CRS Report RL32754, Immigration: Analysis of the Major Provisions of the REAL
ID Act of 2005
, by Michael John Garcia, Margaret Mikyung Lee, and Todd B. Tatelman;
and CRS Report RL32564, Immigration: Terrorist Grounds for Exclusion and Removal of
Aliens
, by Michael John Garcia and Ruth Ellen Wasem.
17 INA §§ 212(a)(3)(B)(i)(I); 212(a)(3)(B)(iv)(VI).
18 INA §212(d)(3)(B)
19 Proposed Refugee Admissions for Fiscal Year 2007, p. iv.
20 P.L. 101-167, Nov. 21, 1989.
21 P.L. 101-167, §599D and §599E. Parole is a temporary authorization to enter the United
(continued...)

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for refugee status under the special provision are only required to prove that they are
members of a protected category with a credible, but not necessarily individual, fear
of persecution. By contrast, the INA requires prospective refugees to establish a
well-founded fear of persecution on a case-by-case basis.
The Lautenberg Amendment has been regularly extended in appropriations acts.
The FY2004 Consolidated Appropriations Act,22 in addition to extending the
amendment through FY2004, amended the Lautenberg Amendment to add a new
provision known as the “Specter Amendment.” 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 FY2005 Consolidated
Appropriations Act23 extended the Lautenberg Amendment, including the Specter
Amendment, through FY2005. The FY2006 Foreign Operations Appropriations Act24
extended the amendment through FY2006. As of this writing, the Lautenberg
Amendment has not been re-enacted for FY2007.
Vietnamese Refugees. The “McCain Amendment” was first enacted in the
FY1997 Omnibus Consolidated Appropriations Act.25 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 FY2000 Consolidated Appropriations Act.26 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.
21 (...continued)
States and is typically granted when the alien’s entry is determined to be in the public
interest.
22 P.L. 108-199, Jan. 23, 2004.
23 P.L. 108-447, Dec. 8, 2004.
24 P.L. 109-102, Nov. 14, 2005.
25 P.L. 104-208, Sept. 30, 1996.
26 P.L. 106-113, Nov. 29, 1999.

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Legislation to amend and extend the provision through FY2003 was approved
by the 107th Congress in May 2002.27 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 has been regularly extended, is sometimes referred to as the
“McCain-Davis Amendment.” P.L. 109-102 extended the McCain-Davis
Amendment through FY2007.
Refugee Resettlement Assistance
The Department of Health and Human Service’s Office of Refugee Resettlement
(HHS/ORR), within the Administration for Children and Families, 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 FY2006, the Labor, HHS, Education Appropriations Act28 provided $575.6
million in funding for ORR. This funding, like most other FY2006 discretionary
appropriations, was subject to a 1% recision enacted as part of P.L. 109-148. For
FY2007, the President has requested $614.9 million for refugee assistance. The
FY2007 Labor, HHS, Education appropriations bill reported by the House
Appropriations Committee (H.R. 5647) would appropriate $604.3 million for ORR
programs, while the Senate Appropriations Committee-reported bill (S. 3708)
includes an appropriation of $599.9 million for ORR programs. An FY2007 Labor,
HHS, Education appropriations act has not yet been enacted. Continuing resolutions
have provided temporary Labor, HHS, Education funding since October 1, 2006.
The current resolution29 provides funding through February 15, 2007. Table 2 details
refugee resettlement funding for FY2000-FY2006.
27 P.L. 107-185, May 30, 2002.
28 P.L. 109-149, Dec. 30, 2005.
29 P.L. 109-383, Dec. 9, 2006.

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Table 2. Refugee Resettlement Funding, FY2000-FY2006
(budget authority in millions)
FY00
FY01
FY02
FY03
FY04
FY05
FY06
Programs
actual
enacted
actual
enacted
actual
actual
enacted
Transitional/Cash and
$220.7
$234.5e
$227.2
$219.9
$169.0
$205.0
$265.5
Medical Services
Victims of Traffickinga

5.0
10.0
9.9
9.9
9.9
9.8
Social Services
143.9
143.6
158.6
150.1
152.2
152.2
154.0
Victims of Tortureb
7.3
10.0
10.0
9.9
9.9
9.9
9.8
Preventive Health
4.8
4.8
4.8
4.8
4.8
4.8
4.8
Targeted Assistance
49.5
49.5
49.5
49.2
49.0
49.1
48.6
Unaccompanied Alien
Childrenc



37.1f
52.8
53.8
77.3
Totald
$426.2
$447.5
$460.2
$480.9
$447.6
$484.7
$569.8
Source: U.S. Department of Health and Human Services, Administration for Children and Families,
Justifications of Estimates for Appropriations Committees, Fiscal Years 2002-2007.
a. Funding used primarily for administrative cost of certifying that an alien is a trafficking victim for
purposes of receiving benefits and services.
b. Funding used for rehabilitation services, social services, and legal services for torture victims and
for provision of research and training to health care providers.
c. The Homeland Security Act of 2002 (P.L. 107-296) transferred functions under U.S. immigration
law related to the care of unaccompanied alien children from the then-INS to HHS/ORR.
d. Sum of listed amounts may not equal total due to rounding.
e. Includes $14.4 million in reappropriated funding.
f. This funding was transferred to ORR from the former INS, pursuant to P.L. 107-296.
ORR-funded activities include 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 (see Table 2). RCA
and RMA, which are administered by the states, are intended to help needy refugees
who are ineligible to receive benefits from mainstream federal assistance programs.
RCA and RMA are currently available to refugees for eight months after entry.30
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
30 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 Oct. 1991, RCA and RMA have been available to refugees for eight months
after entry.

CRS-11
to a family unit of the same size. For example, an able-bodied couple below age 65
would receive an RCA benefit equal to that of a two-person TANF family.
HHS/ORR published a final rule in March 2000 to amend its regulations to
reflect changes resulting from the replacement of AFDC by TANF.31 Most of the
amendments became effective on April 21, 2000. The rule gives states the option to
establish RCA programs that are a “public/private partnership” between states and
private volunteer agencies, or to maintain state administration of RCA programs. In
addition, the ORR program was significantly affected by the 1996 welfare reform act
and subsequent amendments.32 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 time-limited. 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)
Eligible for seven years after entry.
for the Aged, Blind and Disabled
Medicaid (non-emergency care)
Eligible for seven years after entry, then state option.
TANF
Eligible for five years after entry, then state option.
Food Stamps
Eligible for seven years after entry.
31 U.S. Department of Health and Human Services, Office of Refugee Resettlement,
“Refugee Resettlement Program; Requirements for Refugee Cash Assistance; and Refugee
Medical Assistance,” 65 Federal Register, pp. 15409-15450, Mar. 22, 2000.
32 The 1996 welfare reform law is the Personal Responsibility and Work Opportunity
Reconciliation Act, P.L. 104-193, Aug. 22, 1996. For additional information, see CRS
Report RL31114, Noncitizen Eligibility for Major Federal Public Assistance Programs:
Policies and Legislation
, by Ruth Ellen Wasem.

CRS-12
Appendix. Refugee Admissions by Region,
FY1987-FY2006
Former
Latin
East
Eastern
Near East/
FY
Africa
Soviet
America/
Total
Asia
Europe
South Asia
Union
Caribbean
1987
1,990
40,099
8,396
3,699
323
10,021
64,528
1988
1,593
35,371
7,510
20,411
3,230a
8,368
76,483
1989
1,902
45,722
8,752
39,602
4,116a
6,976a
107,070
1990
3,453
51,604a
6,094
50,628
5,308a
4,979
122,066
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
19,021
3,725
15,777
15,748
2,973
12,060
69,304
2002
2,548
3,525
5,439
9,963
1,933
3,702
27,110
2003
10,717
1,724
2,525
8,744
452
4,260
28,422
2004
29,125
8,079
9,254b
3,555
2,855
52,868
2005
20,749
12,071
11,316b
6,700
2,977
53,813
2006
18,182
5,659
10,456
3,264
3,718
41,279
Source: U.S. Department of State, Bureau of Population, Refugees and Migration. Data are as of
Dec. 31, 2006.
a. Includes refugees admitted under the Private Sector Initiative (PSI), most of whom were Cuban.
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.