According to the U.S. Citizenship and Immigration Services, refugee status or asylum may be granted to people who have been persecuted or fear they will be persecuted on account of race, religion, nationality, and/or membership in a particular social group or political opinion. Refugees are generally people outside of their country who are unable or unwilling to return home because they fear serious harm.
Asylum status is a form of protection available to people who meet the definition of refugee, are already in the United States, and are seeking admission at a port of entry.
This page provides links to federal laws governing the processes for those seeking asylum and refuge in the United States and resources that help explain the law.
Also known as The Refugee Act of 1980, this law created a system for the admission, resettlement, and absorption of refugees to the United States. Defines "refugee" as any person who is unable to return to their own country because of "a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion".
Discusses the authority to apply for asylum and the conditions for granting asylum.This section gives the President, in consultation with Congress, the ability to determine the maximum number of refugee admissions each year.
Authorizes the Office of Refugee Resettlement to create domestic resettlement and assistance programs for refugees.
Department of Homeland Security regulations on eligibility, application processing, waivers of inadmissibility, control over approved refugee numbers, and more.
Department of Homeland Security regulations on the asylum process, withholding of removal, and credible fear of persecution.
This executive order issued by the Trump administration in September 2019 requires state and local governments to issue written consent to the initial resettlement of refugees in their communities. NOTE: On January 15, 2020, a federal court issued an order blocking the government from enforcing this executive order. Please see the link below for more details.
On January 15, 2020, a federal court in Maryland issued a preliminary injunction blocking the government from enforcing Executive Order 13888, which would have required state and local governments to provide written consent authorizing refugee resettlements in their jurisdictions. This is the result of a lawsuit from several refugee resettlement agencies that alleges that EO 13888 violates federal law.
The United States Refugee Admissions Program (USRAP) is a consortium of federal, state and local government agencies, and volunteer nonprofit organizations tasked with overseeing, admitting, and resettling refugees in the United States.
This agency is a part of the U.S. State Department and is the first government point of contact for refugees. They are responsible for coordinating the process with all other agencies until a refugee is resettled.
This agency is a part of the Department of Homeland Security (DHS) and is in charge of security screening processes for applicants.
This program from the State Department connects refugees with funding for rent, food, clothing, and other necessities for their first three months in the U.S.
ORR provides time-limited cash and medical assistance to new arrivals, as well as support for case management services, English as a Foreign Language classes, and job readiness and employment services.
There are nine nongovernmental agencies that assist refugees with resettlement after the initial three month period is over. These organizations are funded by the Department of Health and Human Services.
This statement from the Office of Refugee Resettlement provides information on Executive Order 13888, which requires that state and local governments provide written consent to the initial resettlement of refugees.
