The United States Refugee Act of 1980 (Public Law 96-212) 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 passed by Congress on March 4, 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.

Purpose

The Act recognizes that it has been the historic policy of the United States to respond to the urgent needs of persons subject to persecution in their homelands and to provide assistance, asylum, and resettlement opportunities to admitted refugees. The goal of the Refugee Act was to create a uniform procedure with which to provide these opportunities to refugees.

The annual admission of refugees is set to a 50,000 cap per fiscal year, but in an emergency situation, the President may change the number for a period of twelve months. The Attorney General is also granted power to admit additional refugees and grant asylum to current aliens, but all admissions must be reported to Congress and be limited to 5,000 people.

Title IV of the Immigration and Nationality Act was amended here when the Act created the Office of Refugee Resettlement, which is responsible for funding and administering federal programs for domestic resettlement and assistance to refugees. The office must make available resources for employment training and placement for refugees to be economically self-sufficient, provide opportunities for English language training, ensure cash assistance, and guarantee gender equality in all training and instruction. The Office must also create grants for these projects, consult with state and local governments about sponsorship and distribution of refugees, and develop a system to monitor the use of government funds using evaluations, auditing and data collection. To receive assistance for programs, the States must first explain how they plan to accomplish the goals of these programs, meet the director's standards, and submit a report at the end of each fiscal year.

History

It was only after World War II that the United States began to differentiate the term "refugee" from "immigrant" and began creating policy that dealt specifically with refugees while working outside of immigration policy. Early action came in the form of the Displaced Persons Act of 1948, the Refugee Relief Act of 1953, and the Refugee-Escapee Act of 1957.</blockquote>Between 1975 and 2023 (Sept. 30th), the United States accepted 3,552,558 refugees from every continent except Antarctica. Although there were years where the government accepted fewer than the 50,000 refugee-ceiling cap set by the 1980 Act, those often followed specific events. For example, 146,158 refugees were admitted in 1975, but certain states felt overwhelmed by the numbers, so admissions fell to 27,206 in 1976. Admissions also dropped from 69,886 in 2001 to 27,131 in 2002, ostensibly due to post-9/11 restrictionist policies.

References

  • US Dept. of Health and Human Services page about the Refugee Act