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REFUGEES IN
THE U.S.A.
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About
Durable
Solutions
Refugee
Admission
into the US
Security
Screening
About
Refugees in
the United
States
From the
earliest
days of
European
settlement
of North
America,
persecuted
people have
sought and
found refuge
here. The
Pilgrims
established
Plymouth
Plantation
in 1620 in
search of
freedom to
practice
religion
without
harassment
or
imprisonment
and by the
time of the
founding of
the
republic,
the United
States of
America had
become a
symbol of
hope for
people
seeking
justice and
freedom. Throughout
the history
of the
United
States,
refugees
have come,
settled and
integrated
into
American
society. Only
in modern
times,
however, has
the
opportunity
for refugees
to seek the
protection
of the U.S.
government
become
codified
into law.
The end of
the Vietnam
War left
hundreds of
thousands of
Vietnamese
searching
for safety
in a new
country. In
1975,
President
Ford signed
the
Indochina
Migration
and Refugee
Act upon the
realization
that refugee
policies
created
after WWII
were
inadequate
for dealing
with the
large
numbers of
Vietnamese,
Laotian, and
Cambodian
refugees.
Subsequently,
the Refugee
Act of 1980
was passed
to set up
systems to
deal with
the
increasing
number of
refugees
from
Vietnam, and
other
countries of
the world.
(From
Refugees to
Americans,
The American
Immigration
Law
Foundation)
Today,
refugees are
admitted to
the U.S. in
accordance
with federal
law and are
resettled in
hundreds of
communities
throughout
the
country. The
Refugee Act
defines a
refugee as
“any person
who is
outside any
country of
such
person's
nationality
or, in the
case of a
person
having no
nationality,
is outside
any country
in which
such person
last
habitually
resided, and
who is
unable or
unwilling to
return to,
and is
unable or
unwilling to
avail
himself or
herself of
the
protection
of, that
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.” Under
special
circumstances,
the
President of
the United
States may
designate
certain
persons who
remain in
their
countries of
nationality
or habitual
residence to
be refugees,
as well.
Since 1975,
the U.S. has
resettled
approximately
2.6 million
refugees,
with nearly
77% being
either
Indochinese
or from the
former
Soviet
Union. In
the last
decade,
however,
there has
been a
dramatic
increase in
the
diversity of
refugee
groups
admitted,
including
numerous new
ethnicities
from Africa,
Europe,
Central and
South Asia
and the Near
East. Since
the
enactment of
the Refugee
Act of 1980,
annual
admissions
figures
nationwide
have ranged
from a high
of 207,116
in 1980 to a
low of
27,100 in
2002.
(Office of
Refugee
Resettlement)
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Durable
Solutions
The United
States
government,
in concert
with the
international
community,
recognizes
three
durable
solutions
for refugees
who have
fled their
homelands
because of
the
inability or
unwillingness
of their
governments
to provide
for their
protection.
Voluntary
Repatriation:
The first,
and
typically
the most
desirable,
solution is
to seek
resolution
of the
problems
that have
caused the
refugee
exodus and
to allow
people to
return
voluntarily
to their
countries of
origin in
safety and
security.
Local
Integration: When
repatriation
is not
possible,
nor likely
to become
possible in
the
foreseeable
future, a
second
durable
solution may
be
considered. This
solution
involves
refugees
being
allowed to
remain
permanently
in the
countries—often
neighboring
countries—that
have
provided
asylum and
those
countries
developing
opportunities
for the
refugees to
become
integrated
into
society.
Resettlement: The
resettlement
option may
be
considered
when
voluntary
repatriation
and local
integration
are not
feasible and
refugees are
unprotected
and
vulnerable
in their
countries of
first
asylum. Permanent
resettlement
in a third
country is
an option
for a very
small
fraction of
the world’s
refugees. The
United
States,
Canada,
Sweden,
Australia,
Norway and
Finland
resettle the
largest
numbers of
refugees
each year.
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Refugee
Admissions
to the U.S.
The
Department
of State,
Bureau of
Population,
Refugees and
Migration,
administers
the U.S.
refugee
admissions
program and
is
responsible
to identify
the
countries
that have
bona fide
refugee
situations
and assess
the
importance
to the U.S.
of providing
protection
to refugees
fleeing
these
countries. While
refugee
protection
is an
inherently
humanitarian
endeavor,
foreign
policy
considerations
and other
interests of
the U.S.
government
are weighed
when
determining
which
refugee
groups will
be afforded
the
opportunity
to resettle
permanently
in this
country. Annually,
fewer than
one-half of
one percent
of the
world’s
refugees
gains
admission to
the United
States.
Each year,
the
Secretary of
State
consults
with the
Congress
about the
need to
provide
protection
to refugees
through
resettlement
and, based
on these
consultations,
the
President
issues a
Presidential
Determination
of the
numbers of
refugees to
be admitted
in the
following
year, broken
out by six
major
regions of
the world.
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Security
Screening
Refugees are
among the
most heavily
screened
group
allowed to
enter the
U.S. from a
foreign
country. In
fact, most
refugees
must wait
months for
final
clearance to
be admitted
because of
the rigorous
process they
must undergo
to assure
their
identity and
protect the
citizens of
the U.S.
from any
security
risk.
Step 1. The
UN High
Commissioner
for Refugees
(UNHCR), the
agency
mandated by
the
international community—including
the United
States—to
protect and
assist
refugees,
must first
determine
that
individuals
it refers
for
resettlement
in the
United
States for
Priority 1
processing
qualify as
refugees
under
international
law. A UNHCR
legal
officer
interviews
each
individual
to determine
if the
reason for
flight from
the
individual's
country of
origin meets
the United
Nations'
definition
of a
refugee.
Step 2. The
UNHCR
submits the
refugee's
name to the
U.S. embassy
in the host
country.
Step 3. The
U.S. embassy
asks a U.S.
government
approved
resettlement
organization
or other
organization
contracted
by the U.S.
Department
of State to
compile the
personal
data and
background
information
of refugees
referred by
UNHCR, or
those
identified
as
resettlement
candidates
by the U.S.
government
because they
are of
special
interest to
the United
States
(Priority 2)
or have
close
relatives in
the United
States
(Priority
3). Caseworkers
meet in
person with
the refugee
to compile
the
information
required by
the U.S.
government.
Step 4. The
U.S.
government-contracted
resettlement
organization
then
normally
forwards the
refugee's
case file
and
application
for
resettlement
to the U.S.
embassy.
Step 5. The
State
Department
runs the
names of all
refugees who
apply to the
United
States for
resettlement
through a
standard
CLASS
(Consular
Lookout and
Support
System) name
check. Since
September
11, 2001,
the State
Department
has almost
doubled the
number of
names and
the amount
of
information
in this
lookout
system
database.
Step 6. If
the refugee
passes the
CLASS name
check
(meaning
that the
name check
did not find
any record
of security
or other
concerns
regarding
the
refugee),
the U.S.
embassy in
the host
country
schedules an
interview
for the
refugee with
an officer
of U.S.
Department
of Homeland
Security
(DHS).
Step 7. A
specially-trained
DHS officer
will travel
to the host
country to
conduct a
detailed,
face-to-face
interview
with each
refugee
being
considered
for
resettlement.
Based on the
information
in the
refugee's
case file
and on the
face-to-face
interview,
the DHS
officer will
determine if
the
individual
qualifies as
a refugee
under U.S.
law.
Step 8. If
the DHS
officer
finds that
the
individual
qualifies as
a refugee
and meets
other U.S.
admissions
criteria,
the officer
will approve
the
refugee's
application
for
resettlement
and submit
it to the
U.S.
Department
of State for
final
processing.
In most
overseas
posts, the
refugee will
then be
fingerprinted
and
photographed.
The photos
are checked
against
embassy
records at
several
points in
the
admissions
process to
ensure there
has been no
substitution
of
applicants.
Step 9. Before the
admission of
refugees of
certain
nationalities
can be
processed
(mostly,
though not
exclusively,
refugees
from Middle
Eastern
countries),
the
refugee's
case is
referred to
the U.S.
Federal
Bureau of
Investigation
(FBI) and
U.S. Central
Intelligence
Agency (CIA)
for a
further
security
review,
called a
Security
Advisor y
Opinion
(SAO).
Step 10. If
the refugee
is cleared
by the FBI
and CIA, his
or her case
is submitted
to the State
Department
for final
approval for
admission.
Step 11. For
refugees who
are
considered
for
resettlement
because they
have close
relatives in
the United
States, the
DHS checks
the files of
the relative
in the
United
States to
ensure that
when that
relative
first
entered the
United
States, he
or she
listed the
refugee
seeking
resettlement
as a
relative. If
the claimed
relationship
is
contradicted
by anything
in the U.S.
relative's
file, the
refugee's
resettlement
application
is not
processed.
Step 12.
Upon arrival
in the
United
States at
one of eight
designated
airports, a
DHS
Inspection
and
Admissions
Officer will
again
interview
the refugee
and compare
the refugee
with host
country U.S.
embassy
records to
ensure that
the arriving
refugee is
the same
person who
was screened
and approved
for
admission to
the United
States. If
the refugee
had not been
fingerprinted
and/or
photographed
overseas, he
or she will
be
fingerprinted
and/or
photographed
at this
time.
Step 13. At
the airport,
the DHS
officer also
issues the
refugee
photo
identification
that
confirms the
refugee's
identity and
authorizes
his or her
employment
in the
United
States.
U.S.
Committee
for Refugees
and
Immigrants,
January
2003)
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