LC 14‘. 135/Z’ = 5% B S " I? ‘W \ Q ,2 5;. U V C “*5 Washington ijniversity ’ wA5¢H%..a%%§3fP N g NOV 161989 ‘A 2 ? , 4 T‘-1:,‘ ‘C.-.~«’ 2' e>:;r) '9 "“~‘.:J 3 Q‘. — —- CONGRESSIONAL RESEARCH SERVICE LIBRARY OF CONGRESS REFUGEES IN THE UNITED STATES: THE CUBAN EMIGRATION CRISIS ISSUE BRIEF NUMBER IB80063 AUTHOR: M oore , Charl o tte Education and Public Welfare THE LIBRARY OF CONGRESS CONGRESSIONAL RESEARCH SERVICE MAJOR ISSUES SYSTEM DATE ORIGINATED 9_§_4_1_§g8o DATE UPDATED Qzgggggg FOR ADDITIONAL INFORMATION CALL 287-5700 0715 CRS- 1 IB80063 UPDATE-O7/09/80 ;§sUB pnrlggrloy Major refugee reform legislation, the Refugee Act of 1980, was passed by the 96th Congress and signed into law Mar. 17, 1980. It amended the Immigration and Nationality Act to revise the procedure for the admission of refugees, and to provide general authority for Federal assistance for refugee resettlement in the United States. The massive emigration of Cubans to the United States beginning in April 1980 has presented a first major test for the new legislation. §A§§§.F$9.L1EP.-A.1i2_.£.QLl-¥....1é1lALX§l5 The Refugee Act of 1980 (P.L. 96-212; 94 Stat. 102) amends the Imaigration and Nationality Act (8 USC 1101 et seq.) to provide for the admission of refugees into the United States and to authorize Federal assistance for their resettlement. Prior to the enactment of the legislation, emergency refugee admissions and resettlement assistance had been authorized largely on an ad hoc basis. The emphasis of the new legislation was to establish permanent statutory authority that would be sufficiently flexible to be responsive to unforeseen emergency refugee situations. =§£ini2i9n-9f-§e£29e§- The Refugee Act redefines the term "refugee" to conform with the definition used in the United Nations Protocol and Convention Relating to the Status of Refugees. The Protocol and Convention, to which the United States is a party, are designed to assure fair and humane treatment for any person who, owing to persecution or a well—founded fear of persecution on accont of race, religion, nationality, membership in a particular social group, or political opinion, is unable or unwilling to return to his or her country of nationality or residence. The definition of "refugee" in the Refugee Act includes a person who is outside his country of nationality, or place of habitual residence, who is persecuted or fears persecution upon return; or, if the President determines after consultation with Congress, a person who is within his or her country of nationality, or place of habitual residence, who is persecuted or fears. persecution.’ The term is not applicable to any individual who has in any way participated in the persecution of others. §efug§e_A§ni§§;2 § Under the Re£2q22-A2L A main objective of the Refugee Act was to create a flexible and 'stematic procedure for the admission of refugees into the United States. lltle II of the Refugee Act sets forth such a procedure. It eliminated the former 7th preference "conditional entry" provision of the Immigratio and Nationality Act's immigrant visa preference system, replacing it with new provisions for the regular admission of refugees, as well as for their admission in emergency situations. CRS- 2 IB80063 UPDATE-07/09/80 we3s92l2;-Ann2§;-AQ2;§§;92§ Through FY82, a “normal flow“ of up to 50,000 refugees may enter the United states annually. A number in excess may be admitted if, after consultation with the House and Senate Judiciary Committees, the President determines that the excess is warranted by humanitarian concerns or is otherwise in the national interest. Beginning in FY83, no normal flow number is designated, and the President establishes the appropriate total number after consultation with Congress. The President also decides the allocation of refugee admissions among refugee groups annually, after consultation with Congress. The Carter administration on Apr. 15 announced the following refugee admissions for FY80: CRS- 3 TABLE 1. A;ee-9£-9-i9i2 ASIA Indochinese other SOVIET UNION EASTERN EUROPE MIDDLE EAST LATIN AMERICA Cubans other AFRICA SUB-TOTAL ASYLUM STATUS ADJUSTMENTS TOTAL IB80063 UPDATE-07/09/80 FY80 Refugee Admissions Total number of admissions for FY80 168,000 1,200 19,500 1,000 l;§QQ 231,700 --Z¢§QQ ’234,200 CR5“ '4 IB30063 UPDATE-O 7/09/80 allow asylum in the The "asylum status adjustments," referred to above, are provided to permanent resident status for aliens who have been granted United States (see below). The President may determine, after appropriate consultation with Congress, that an emergency refugee situation exists and admissions of refugees beyond those initially established for a given fiscal year are justified by “grave humanitarian concerns." He may fix a number of additional refugee admissions that may be allocated during the succeeding 12-month period or less among refugees of "special humanitarian concern." President Carter used this emergency provision to allow the admission of 3,500 Cubans into the United States who were among the 10,000 who sought refuge in the Peruvian Embassy in Havana. Since this was before the 1980 totals were submitted to Congress, this number is included in the 19,500 admissions that will be made available for Cubans this year. Th2-§9u§uls2tion Process The procedure under which the President consults with Congress concerning refugee admissions is specifically prescribed by the Refugee Act. It includes discussions in person by Cabinet-level representatives of the President with members of the House and Senate Judiciary Committees. The President's representatives provide the information, to be committees with certain specific supplied at least 2 weeks in advance of the discussions. The substance of the discussions regarding "excess" and emergency admissions must be printed in the Congressional Record, and was for FY80 on Apr. 21, 1980 (see Congressional Record: 5. 3957-S3970) and on June 10, 1980 (see Congressional Record: H4709-H721). A hearing must be held on proposed excess admissions and, if circumstances permit, on emergency admissions prior to the President's determination of the admissions number, unless public disclosure would jeopardize life or safety. There is no Congressional veto power on refugee admissions. waAQiu§2a22:_2£.§:a:u§ Under the Refugee Act, refugees are not initially admitted into the United States on a permanent basis. They may have their status adjusted to that of permanent resident alien after 1 year's residence in the United States without regard to any numerical limitations. Refugees are exempted from the Immigration and Nationality Act's exclusioi provisions relating to labor certification, public charge, documentary requirements, literacy, and foreign medical graduate eligibility requirements. The Attorney General may waive, on an individual basis, some of the other bases for exclusion, except for those specified in the legislation, for humanitarian reasons, to assure family unity, or for other reasons in the public interest. CRS- 5 IB80063 UPDATE-07/09/80 A§z;22 The Refugee Act for the first time established a provision in Federal law specifically relating to asylum. The Act requires the Attorney General to establish a procedure under which aliens physically present in the United States or at a land border or port of entry, irrespective of the alien's status, may apply for asylum. The alien may be granted asylum only if he meets the definition of "refugee" in the law. If conditions change and the alien no longer meets this definition, asylum may be terminated. Spouses and children of an alien granted asylum may be granted the same status as the asylee, even if they would not otherwise be eligible. The Refugee Act required the Attorney General to establish the procedure under which aliens may apply for asylum by June 1, 1980. Regulations setting forth the procedure as well as the procedure for the admission of refugees were published in the Federal Register on Monday, June 2, 1980 (p. 37392). Asylees may have their status adjusted to that of permanent resident alien after 1 year's residence in the United States. No more than 5,000 refugee admissions may be made available for the adjustment of status of asylees per year. The President's recent refugee admissions report provides that 2,500 asylees may have their status adjusted during FY80. 2a2-;e Since the Refugee Act establishes a new and more flexible admissions procedure, a restriction was placed on the future use of the parole authority to admit refugees. This authority for the Attorney General to admit aliens temporarily into the United States for emergent reasons was used to bring in the vast majority of Hungarian, Cuban, and Indochinese refugees in recent years. Section 212(d)(5) of the Immigration and Nationality Act, the parole provision, is amended to preclude the use of the parole authority for the admission of a refugee unless the Attorney General determines that “compelling reasons in the public interest" require that the individual alien be paroled into the United States rather than be admitted as a refugee. The restriction on the use of parole took effect may 15, 1980. . Title III of the Refugee Act provides for a comprehensive refugee resettlement assistance program. The underlying assumption of the program is that all refugees, regardless of country of origin, should be provided ually with Federal assistance for their’ resettlement in this country. Also, refugee admissions reflect a Federal policy decision, and the Act also assumes a responsibility of the Federal Government to provide extraordinary assistance to States for refugee resettlement. The legislation creates an Office of Refugee Resettlement within the Department of Health and Human Services (HHS) to fund and administer all CRS- 6 IB80063 UPDATE-O7/09/80 domestic refugee resettlement assistance. Specific assistance authorize; includes: -- initial resettlement grants and contracts for public or nonprofit private agencies; -- grants and contracts for services to refugees including those promoting economic self-sufficiency, English language training, and health services; -- child welfare services and maintenance payments for refugee children up to the first 3 years they are in the United States or, if unaccompanied by an adult, until they are 18 years old; -— 100% Federal reimbursement to States for cash and medical assistance provided refugees for the first 3 years of their residence in the United States; - medical assistance for certain refugees as determined by HHS during the first year after their arrival in the United States who would not otherwise qualify for Medicaid. The 3-year time limit on reimbursement for children's services and cash and medical assistance does not take effect until Apr. 1, 1981. A phaseout of the longstanding Cuban Refugee Program is continued by the Refugee Act only for those Cuban refugees who were receiving assistance under the program before Oct. 1, 1978. The phaseout rates are at the following levels: 75% for FY80 60% for FY81 05% for FY82 25% for FY83 An exception to the phaseout is Supplemental Security Income (SSI) payments to Cuban refugees receiving this assistance as of Oct. 1, 1978, for which the Federal Government provides 100% reimbursement for any non-Federal supplementary payments. Primarily because of the costs incurred as a result of providing services for the large number of Haitian asylum applicants, the Refugee Act provides a special assistance program. Title IV authorizes the reimbursement of expenses of State and local agencies for services provided only to asylum applicants who applied before Nov. 1, 1979. TAe_§22e2-§ai9;2§i92_§;i§i§ In April 1980 events in Cuba resulted in the mass uncontrolled emigration of Cubans. As of June 23, 1980, some 110,000 undocumented Cubans had arrived at ports in Florida seeking entry to the United States. These aliens are CRS- 7 IB80063 UPDATE—01/09/80 u stinct from the 19,500 Cuban refugees that the United States has agreed to admit during FY80 under the refugee admissions provisions discussed above. As background, the United States has had a program for the admission of Cuban political prisioners and their families as refugees for several years. During FY80, 16,000 such admissions will be provided; to date at least 9,000 of this number have been admitted. The remaining 7,000 admissions will be approved as they are processed and approved by the U.S. Interest Section in Havana. A In early April of this year, some 10,000 Cubans sought refuge in the Peruvian Embassy in Havana seeking asylum in Peru. when it became clear that Peru could not accept this number of refugees, Costa Rica agreed to act as a country of first asylum until permanent resettlement could be arranged. Due to the emergency nature of the Peruvian Embassy situation, the United States agreed to admit 3,500 of the Cubans in the compound as refugees. President Carter invoked the emergency provision of the Refugee Act to admit this number and made $0.25 million available from the U.S. Emergency Migration and Refugee Assistance Fund to cover transportation and other costs. The Cuban government terminated the airlift of the Peruvian Embassy to Costa Rica after only about 1,000 refugees left Cuba. On Apr. 20, Cuban President Fidel Castr1>announced that Cubans wishing to emigrate to the United States could do so by boarding boats at the harbor of 0 riel, including those who remained from the Peruvian Embassy group. This prompted a flotilla of private boats from the United States to go to Mariel and transport the Cuban Nationals back to this country. As of June 23, 1980, about 110,000 Cubans had arrived here in this manner. In contrast to Cuban "refugees" who the United States has agreed to accept under our immigration law, the Cubans who arrived in the boats were undocumented aliens seeking asylum in the United States. The transport of undocumented aliens to our shores is illegal under the Immigratio and Nationality Act and the boat operators were liable for penalties under several provisions of the law. It is a felony to bring aliens into the United States who are not duly admitted by immigration officials, with a penalty of imprisonment of up to 5 years or a fine of $2000 per transported alien (8 U.S.C. 1324). Also, the Act provides for a civil fine of $1,000 per alien for persons bringing aliens without visas into the United states (8 U.S.C. 1323). Vessels used in the commission of the above violations are subject to seizure and forfeiture. A $£l.§..§3:-?_1.‘_3E§..Q£_l1§§..(.3‘_1.12§l1..§!.i9l?.§§ As noted above, the Cubans who have arrived at our shores are seeking asylum in this country. They have been receiving permission to stay in this country 60 days under the Attorney General's parole authority pending the processing of their applications for asylum. Technically they are not being dmitted“ to the United States but are simply applying for admission as asylees. Under a new policy announced by the Administration on June 20, the parole of the Cuban emigres as well as that of Haitians applying for asylum who were in INS proceedings as of June 19, 1980, will be renewed for a 6-month period (see below). The Administration contemplates legislation to create a special CBS- 8 IB80063 UPDATE-07/09/8” immigration category for the Cuban-Haitian entrants that will enable this group to adjust their status to that of permanent resident alien after two years. In the meantime, however, processing will continue on their asylum requests, and if granted asylum, the alien may apply for adjustment of status after one year, according to existing law and procedures. To be approved for asylum, each alien must prove that he or she would meet the definition of refugee as provided in the Refugee Act. This does not mean that if accepted for asylum, the alien has the same status as a refugee. Although the distinction is largely procedural, it is very important. There is a greater degree of permanence to refugee status. After 1 year a refugee's status is adjusted to that of a permanent resident alien under most circumstances, and he is afforded most of the protection this country gives its own citizens. Under the interim regulations published by the Justice Department, an asylee's status must be reviewed annually, and could be terminated at any time under certain circumstances. The grounds are the same as those under which an initial asylum request could be denied, and include: (1) the asylee does not meet the definition of refugee; (2) the asylee becomes firmly resettled in another country: (3) the asylee has participated in the persecution of others; (H) the asylee has been convicted of a serious crime and constitutes a danger to the United States; and, (5) there is reasonable belief that the asylee committed a non—political serious crime before «coming to the United States. An asylum request or an extension of asylum status ma also be denied at the discretion of INS if there is an outstanding offer from another country for the resettlement of the asylee. An asylee may have his status adjusted after 1 year, but the numbers available for adjustment are limited to up to 5,000 annually. Once the asylee's status is adjusted, he would no longer be subject to exclusion or deportation from the United States for the reasons stated above. Cuban asylees could have their status adjusted after one year under a 1966 law (P.L. 89-732; 80 Stat. 1161; 8 U.S.C. 1255) which authorizes such , adjustment of status without numerical limitation for Cubans “inspected and admitted, or paroled" into the United States. There was considerable support, by Senator Kennedy among others, for the President to designate the Cubans arriving in Florida as "refugees" under provisions of the Refugee Act. Such a determination would be reasonable, supporters argued, since these Cubans were fleeing communist repression in the same manner as those who were in the Peruvian embassy who were designated "refugees" by the President. Such a determination would have facilitated their processing, clarified their status, and would have resulted in the immediate availability of Federal assistance. From the first, U.S. Coordinator for Refugee Affairs Victor Palmieri cautioned against providing refugee status for the undocumented Cubans. They had not been screened abroad, as are refugees, and given priority admission according to criteria established by our Government. At least some of th emigres were apparently legally inadmissable and had no ties to the United States. In general, it was argued that it would establish a dangerous »precedent for the United States to legitimize the uncontrolled entry of a large group of undocumented aliens, through the use of the Refugee Act, and it would violate the integrity of the legislation. Since the Haitian emigres who are here seeking asylum are in a similar CRS- 9 IB80063 UPDATE-O7/O9/80 situation to that of the Cubans under our immigration law, the above issues , necessarily involved both groups. The Administration consistently stated that no distinction would be made between the two groups of emigres. The status of the undocumented Cuban emigres who have arrived here affected their eligibility for Federal assistance. Applicants for asylum are ineligible for public assistance other than food stamps. There is no Federal support for State and local agencies providing services to asylum applicants other than the reimbursement program in the Refugee Act limited to asylum applicants before Nov. 1, 1979. Under its recent decision to extend the parole of the Cubans and Haitians pending special legislation, the Administration stated that these aliens will now be eligible for public assistance under the same terms as citizens and permanent resident aliens. No Federal :reimbursement will be provided to States for their share of costs. Procedures under which the aliens may apply for benefits are anticipated to be announced by June 27, 1980. eli 1 Tezerde Q2 eI.1..B.;I1.i.9::.e§ when the first boatloads of Cubans arrived in Florida in late April, the Carter Administration warned that the United States could not accept masses of Cubans, as we had in the 1960s, due to our current economic conditions. ie aim of the United States would be to convince Castro to permit the orderly emigration of Cubans wishing to leave that nation, and to enlist the support of the international community to accept these emigres. To discourage boats from leaving for Cuba to pick up emigres, the U.S. Government warned boatowners that they would be subject to fines, criminal penalties and/or seizure of their crafts if they arrived in Florida with undocumented Cubans. The enforcement policy was unclear, and the threats and occasional seizures of vessels did not stem the flow of boats going to and from Cuba to pick up the emigres. In a speech on May 5, 1980, President Carter shifted from the Administration's initial position, stating that Cubans fleeing Cuba would be welcomed here with "open arms." In apparent reference to the legal status of the Cubans, the President indicated that they would be treated in the same way as the Haitian emigres arriving in Florida and applying for asylum. President Carter declared an emergency in the State of Florida on may 6, resulting from the Cuban emigration wave, invoking the authority of the Disaster Relief Act of 1974 (P.L. 93-288; 88 Stat. 143). Under this authority, the Federal Emergency management Agency (FEHA) is responsible for providing reimbursement from the President's Disaster Fund to Federal, State and local agencies (in specified local areas) for any extraordinary expenses incurred as a result of the emergency. Reimbursement is not available for those activities that would be considered in the normal course of the *ency's operations. As of the end of May, the President's Disaster Fund was operating at a deficit. Two supplemental appropriations are pending before Congress. FEUA is additionally responsible for coordinating the activities of all government and private agencies involved in the emergency. Thomas R. Casey of FEMA is the Federal Coordinating Officer. CBS-10 IB80063 UPDATE-O7/09/80 Also in early May, three United States military facilities were designated ,- as holding centers for those Cubans who lacked sposorship pending the determination of their asylum status. By the end of Bay a fourth site, Ft. McCoy, Wisconsin, became a holding center. Of the 110,000 Cubans who had entered as of June 23, 1980, uu,7oo were in the holding centers. On May 10, 1980, President Carter announced his program aimed at the safe and orderly exodus of all Cubans wishing to leave Cuba. Priority for entry into the United States would be given to: (1) those who sought refuge in the U.S. Interest Section; (2) political prisoners; (3) those who were in the ‘Peruvian Embassy seeking asylum; and (H) close family members of Cuban-Americans with permanent resident status. The President stressed that applicants for admission to the United States would have to be screened in Cuba prior to being brought to the United States. 5 The specifics of the President's five-point program were as follows: -- The United States would provide an airlift and sealift out of Cuba for all those wishing to leave, once the Cuban government accepts the orderly emigration of its citizens. The total number that would be accepted in the United States, presumably under the emergency refugee admissions provision, remains to be decided. -- A family registration center would open in Miami so ,that Cuban-Americans could register the names of family members they would like to enter the United States. —- The United States would henceforth prosecute boat operators who bring undocumented Cubans to our shores. Also, boats in violation of the law would be seized. -- The United States would commence exclusion proceedings against Cubans who were criminals or otherwise undesirable who came into this country as part of the flotilla. —— The Secretary of State would continue to seek the help of other nations and international organizations to resolve the Cuban emigration problem. The Castro government did not agree to an orderly emigration plan. U.S. Customs officials eventually seized about 1000 vessels while the flotilla to and from Cuba continued. The flow of boats from Cuba markedly abated by June 1'4. on June 20, the Carter Administration announced its immediate policy towards the Cuban and Haitian emigres pending permanent legislative solutions. As mentioned above, the parole of Cubans who arrived here between Apr. 21 and June 19, 1980, as well as the parole of Haitians whose asylum requests are pending, will be renewed for six months. The aliens will be eligible for public assistance, if they would otherwise qualify, and there would be the normal State assumption of costs. ens-11 IB80063 UPDATE-O1/09/80 Additionally, the major private agencies involved in resettling refugees will be provided a per capita grant to find sponsors for Cubans so they may leave processing centers, and for the relocation of Cubans and Haitians outside the South Florida area. Funds will also be provided to thesei agencies for employment counseling and referral services for Cubans and Haitians already released from camps and resettled in the Miami area. Supplemental appropriations for FY80 totalling $385 million have already been requested by the Administration to provide funds for processing, maintenance, transportation, initial relocation, health and education of the Cuban emigres. An estimated $05 million will be needed for the grants to voluntary agencies from the U.S. Emergency Migration and Refugee Assistance Fund. The Administration also announced features of special legislation it anticipates for the Cubans and Haitians. They include: -- the creation of a new status, "Cuban-Haitian Entrant" and eligibility for adjustment of status to that of permanent resident alien after two years; -' provision for SSI, Medicaid, AFDC and emergency assistance under the rules of the States establishing eligibility for these programs; -- provision for retroactive reimbursement to States and localities at the level of 75% of their costs incurred for other assistance and services to Cubans and Haitians for one year; -- provision to improve asylum processing and to discourage future problems such as those faced with the Cubans and Haitians; -— provisions for benefits and services for unaccompanied minors; —— provision for the inclusion of undocumented Haitians residing here among the group identified as Cuban-Haitian entrants. 992gr2§§i9nel-ln;£ia§i!e§ Pending a decision from the White House on its policy towards the resettlement assistance that would be provided for the Cuban emigres, on June 5, 1980, the House agreed to an amendment to H.R. 69u2, the International Security and Development Cooperation Act, which was introduced by Representative Fascell of Florida. The amendment authorized an additional appropriation of $100 million for FY80 for the State Department's migration 1 refugee assistance account for assistance in the resettlement in any Country of foreign nationals who have fled their country of nationality, and with respect to whom no other resettlement assistance is authorized. The amendment also earmarked $100 million in FY81 funds for the same purpose. Mr. Fascell noted that his amendment was meant to apply to the Cuban influx as well as the Haitians here applying for asylum, and that the funds could be used to reimburse State and local governments for expenses incurred as a CRS-12 IB80063 UPDATE-07/O9/80 result of these immigration waves. The Senate considered its version of the same legislation (S. 2710) on June 17, and adopted an amendment offered by senator Richard Stone of , Florida. The amendment provided that the Cuban emigres be designated refugees solely for the purpose of qualifying state and local governments for assistance under the Refugee Act. This amendment also directed the President to report to Congress by July 1, 1980, on the legal status of the Cubans and Haitians, with an estimate of resettlement costs to the Federal, State, and local governments. Senator Stone stated that his amendment was expressing the sense of the Senate regarding the assistance question without actually adopting the language of the Fascell amendment. This would allow for a compromise in the conference committee at which time the Administration's position on the question might be known. The Senate passed H.R. 6942 with the language of S. 2710 on June 17. Under a Rules Committee waiver, $100 million was included for the purposes of the Fascell amendment in H.R. 7542 providing supplemental appropriation Federal impact aid to school districts with refugee children was authorized in a Senate amendment to the Higher Education hill (5. 1839) offered by Senator Williams on June 23, 1980. The language of the amendment restricts eligibility for payments to districts with at least 20 refugee children, including those who have been paroled into the United States, are applicants for asylum, or who have been granted asylum after Nov. 1, 1979; Payments would be according to the formula already established for federally impacted school districts under P.L. 81-270. . On June 18, 1980, Senator Huddleston offered an amendment to S. 2377, the Department of Justice Authorization bill for FY81, expressing the sense of Congress that total immigration including quota and nonquota immigrants, refugees, persons seeking asylum, and parolees not exceed 650,000 in FY80. The amendment was offered primarily in response to the Cuban emigration problem. During the floor debate on the amendment, there was considerable confusion over whether or not the number proposed had, in fact, already been reached with regard to such admissions this year. The Senate agreed to an amendment to the amendment limiting additional immigration to 100,000 between July 1, 1980 and the end of FY80, not including immediate relatives of U.S. citizens. Hearings were conducted July 1 by the Committee on Education and Labor on H.R. 7u25 to amend the Indochina Refugee Children Assistance Act to extend its benefits to the Cuban and Haitian emigres. Oversight hearings have been conducted by both the House and the Senate Judiciary committees during the course of the Cuba emigration crisis. [For background information on the Indochinese refugee problem, see Issue Brief 79079, Indochinese Refugee Exodus: Causes, Impact, Prospects.] L-E§l.5..1.-.A.1-'19.?! The Refugee Act of 1980. Originally introduced on behalf of the Carter Administration to provide a permanent and systematic procedure for the admission of refugees and to provide comprehensive and uniform provisions for CBS-13 IB80063 UPDATE-01/09/80 the effective resettlement of those refugees who are admitted. Title II amends the Immigration and Nationality Act to provide for the admission of refugees. A refugee is defined as one who is unable or unwilling to return to his country of nationality or, if he has no nationality, the country in which he last habitually resided, 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; or any person within his country of nationality, or in the case of someone with no nationality within the country in which he is yhabitually residing, 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 under such special circumstances as specified by the President after consultation with Congress. The definition specifically excludes any alien who participated in any way in the persecution of others. Under normal immigration procedures established by the legislation, through FY82 up to 50,000 refugees per fiscal year may be admitted to the United States. A number in excess of 50,000 may be admitted if, prior to the beginning of the fiscal year, the President determines, after appropriate consultation, that an excess is warranted by humanitarian concerns or is otherwise in the national interest. Beginning in FY83, the total number of refugees to be admitted is determined by the President, after appropriate consultation. The President also determines, after appropriate consultation, "e allocation of refugee admissions among refugee groups during a given riscal year and is required to report the anticipated number and anticipated allocations to the House and Senate Judiciary Committees prior to the beginning of the fiscal year. If the President determines, after appropriate consultation, that an emergency refugee situation exists and refugee admissions beyond those established for a given fiscal year are justified by grave humanitarian concerns he may fix a number of additional refugee admissions to be allocated during the succeeding 12-month period or less on an emergency basis among refugees of special humanitarian concern. For the purposes of the legislation, "appropriate consultation" means discussions in person by Cabinet-level representatives of the President with members of the House and Senate Judiciary Committees, and provision of certain specific information to the Committees. This information is to be supplied at least 2 weeks in advance of the discussions. The substance of the consultations regarding "excess" (beyond normal flow if the 50,000 applies or the regular annual number if it does not) and emergency admissions must be printed in the Congressional Record. A hearing must be held on the proposed excess admissions and, if the circumstances permit, on emergency admissions prior to the President's determination of the admissions number, unless public disclosure of the proposals would jeopardize life or safety. Refugees are admitted on a conditional basis and may have their status adjusted after 1 year in’ the United States without regard to numerical ' Iitations. Also, refugees admitted into the United States are exempted irom the Immigration and Nationality Act's exclusion provisions regarding labor certification, public charges, visas and documentation, literacy and foreign medical graduates. The Attorney General may waive, on an individual basis, some of the other exclusions, except some specified in the bill, in the interest of humanitarianism or to assure family unity. Title II also requires the Attorney General to establish, not later than CRS-13 ~ IB80063 UPDATE-O7/O9/80 June 1, 1980, procedures for asylum. Aliens may be granted asylum if the , Attorney General determines that the alien is a refugee under the definition set forth in the legislation. Those aliens granted asylum enter conditionally, are granted the same exemptions from the exclusion provisions as are refugees, and may have their status adjusted after 1 year. The dw“Attorney General may use up to 5,000 of the annual regular refugee admissions to adjust the status of these aliens. Section 2u3(h) of the Immigration and Nationality Act is amended by the legislation to make withholding of an alien's deportation mandatory under certain conditions, such as danger of persecution, to bring this provision into accord with the United States’ obligations under the United Nations Convention and Protocol Relating to the Status of Refugees. All regular and emergency refugee admissions are in addition to the worldwide immigration ceiling set forth in the legislation as 280,000 for FY80 and 270,000 thereafter. The seventh preference conditional entry provision is eliminated and the second preference category is alloted 26% of the immigrant visas annually. The legislation precludes the Attorney General from admitting refugees under his parole authority provided in Section 212(d)(5) of the Immigration and Nationality Act except under limited circumstances. This provision takes effect 60 days from the enactment of the legislation. Title III statutorily provides for a 0.5. Coordinator for Refugee Affairs, a Presidential appointee with the rank of Ambassador at Large, to develop overall 0.3. refugee admission and resettlement policy and coordinate 0.5. refugee programs. Title III also amends Title IV of the Immigration and Nationality Act by adding a new Chapter 2 to provide refugee resettlement assistance. The legislation creates an Office of Refugee Resettlement within the Department of Health and Human Services (HHS), headed by a Director who is appointed by the Secretary, to fund and administer domestic resettlement assistance programs. The program for the initial resettlement of refugees through grants to voluntary agencies currently administered by the 0.5. Department of State would be transferred to the new Office after FY81 unless the President determines, after a study and report to Congress, that these grants should not be administered by the Office. Then, the President is authorized to designate the appropriate administering agency. To receive assistance under the legislation, a State must submit a plan to the Director of the Office describing how it will deal with refugee resettlement in certain specific areas set forth in the bill. States must also report annually to the Director on theeuse of funds provided under the program. A system of monitoring the assistance provided for refugee resettlement is required to be developed by the Secretary of HHS and, as appropriate, the Secretary of State. Specific assistance authorized by the legislation includes initial resettlement grants and contracts for public or nonprofit private agencies“ grants and contracts for services to refugees including those promoting economic self-sufficiency, English language training, and health services; assistance for refugee children including special educational services; child welfare services and maintenance payments for refugee children up to the first 3 years they are in the United States or, if accompanied by an adult, until they are 18 years old; and, 100% reimbursement to States for cash and CBS-15 IB80063 UPDATE-OT/O9/80 medical assistance provided refugees for the first 3 years of their residence in the United States. The legislation also authorizes medical assistance to refugees during the first year after their arrival who would not otherwise qualify for such assistance. The Secretary of HHS, in consultation with the Coordinator, is required to submit annual reports to the House and Senate Judiciary Committees containing certain specific information on refugees and the activities of the Office. The Secretary, in consultation with the Coordinator, also must prepare an analysis of refugee resettlement within 1 year after the enactment of the legislation. Title III authorizes "such sums as may be necessary" through FY80 for the initial resettlement assistance, cash and medical assistance, and child welfare assistance and services. All other assistnace is authorized at $200 million through FY82. \ The period through Apr. 1, 1981, does not apply to the computation of the 3-year time limit for which assistance may be available for child welfare services and cash and medical assistance. The phaseout of the Cuban Refugee Program through FY83 is continued under the legislation, and the Indochina Migration and Refugee Assistance Act is repealed. The authorization for the U.S. Emergency Migration and Refugee Assistance Fund is raised from $25 million to $50 million. Title IV of the legislation authorizes Federal reimbursement to State and local agencies for providing assistance and services to aliens who applied for asylum before Nov. 1, 1979, and who have not received any final judgment on their status. Introduced in Senate by Senator Kennedy Mar. 13, 1979 on behalf of the Carter Administration; referred to Committee on Judiciary. Favorably reported, amended, July 23, 1979 (S.Rept. 96-256). Passed Senate, amended, Sept. 6, 1979. Introduced in House as H.R. 2816 by Representatives Rodino and Holtzman Mar. 13, 1979 on behalf of the Carter Administration; referred to Committee on Judiciary. Favorably reported, amended, Nov. 9, 1979 (H.Rept. 96-608). 5. 603 passed the House Dec. 20, 1979, amended, to incorporate the language of H.R. 2816, as amended. Conference report submitted to the House Feb. 22, 1980 -(H.Rept. 96-781). Conference report submitted to Senate Feb. 25, 1980 (S.Rept. 96-590). Enacted as P.L. 96-212 Mar. 17, 1980.1 H.R. 5192 (Williams) Extends through FY85 authorization for appropriations for programs under the Higher Education Act of 1965. Amendment agreed to by the Senate authorizes Federal impact aid to school districts with refugee children. Amendment to S. 1839 offered by Senatory Williams June 23, 1980 and agreed to by Senate. Heasure indefinitely postponed in Senate and H.R. 5192 passed in lieu June 24, 1980. H.R. 6942 (Zablocki)/S. 2710 (Church) The International Security and Development Cooperation Act. Amends the Department of State Authorization Act, fiscal years 1980 and 1981 (P.L. 96-60), to authorize $565,209,000 for migration and refugee assistance for FY81. A floor amendment, introduced by Representative Fascell and accepted by the House, earmarks $100 million in FY81 funds for use at the President's discretion to assist the resettlement in any country of foreign nationals who CRS’16 IB80063 UPDATE*0T/09/80 have fled their country of nationality, and with respect to whom nu resettlement assistance is available under any other provision of law. Authorizes additional appropriations of $100 million for FY80 for migration and refugee assistance for similar purposes. A floor amendment offered by Senator Stone, and accepted by the Senate, designates the Cuban emigres "refugees" for the sole purpose of authorizing reimbursement to State and local governments under the terms of the Refugee Act. The Stone amendment also would require the President to report to Congress by July 1, 1980, on the legal status of the Cuban and Haitian emigres, with estimated resettlement costs. H.R. 6942 introduced mar. 26, 1980; referred to more than one committee. Favorably reported by the House Committee on Foreign Affairs Apr. 16, 1980 (H.Rept. 96—88u, Part.I). Passed House June 5, 1980. S. 2710 introduced May 15, 1980; referred to the Committee on Foreign Relations. Favorably reported May 15, 1980 (S.Rept. 96-732). S. 2714 indefinitely postponed and H.R. 69u2 passed in lieu June 17, 1980. S. 2377 (Baucus) Authorizes appropriations for the 0.5. Department of Justice for FY81. Amendment agreed to by Senate expresses the sense of Congress that the United States should not admit more than 100,000 additional immigrants (exclusive of relatives of 0.5. citizens), refugees, parolees, or applicants for asylum, between July 1, 1980 and the end of the fiscal year. Amendment offered by Senator Danforth as an amendment to an amendment offered by Senator Huddleston June 18, 1980. S. 2377 passed Senate on a roll call vote of 86-3 on June 19, 1980. ‘ §§A13l1i§§ 0.5. Congress- House. Committee on Foreign Affairs. Committee on Foreign Affairs. Subcommittee on International Operations. The Refugee Act of 1979. Hearings, 96th Congress, 1st session on H.R. 2816. Sept. 19 and 25, 1979. Washington, 0.S. Govt. Print. Off., 1979. 99 p. 0.5. Congress. House. Judiciary Committee. Subcommittee on Immigration, Refugees and International Law. The indochinese refugee problem. Hearings, 96th Congress, 1st session. Washington, 0.3. Govt. Print. Off., 1980. 117 p. Hearings held Mar. 6, June 19 and 27, and July 31, 1979. "Serial no. 26“ —---- Refugee Act of 1979. Hearings, 96th Congress, 1st session, on H.R. 2816. may 3, 10, 16, 23-2u, 1979. Washington, 0.5. Govt. Print. Off., 1979. 460 p. " Serial no . 10" 0.5. Congress. Senate. Committee on the Judiciary. The Refugee Act of 1979, S. 643. Hearing, 96th Congress, 1st session. Mar. 14, 1979. Washington, 0.5. Govt. Print. Off., 1979. 396 p. "Serial no. 96-1" CBS-17 IB80063 UPDATE-O7/09/80 §B9.B1'§_.1!!!2..S3.Q.1!§.§§55l0NAL..D0§13. !.E..I§ International Security and Development Cooperation Act [Fascell amendment to H.R. 69H2]. Congressional record [daily ed.] v. 126, June 5, 1980: H4582-Hu583. ---- [Stone amendment to H.R. 6942].. Congressional record [daily ed.] v. 126, June 17, 1980: 57126-57128. 0.3. 1980. Refugee Act of 1980; 643. Washington, 0.S. (96th Congress, 2d session. Congress. Conference Committees, conference report to accompany S. Govt. Print. Off., 1980. 23 p. Senate. Report no. 96-590) 0.5. Congress. House. Committee on Foreign Affairs. The Indochinese refugee situation August 1969. Report of the Study Mission of the 0.5. House of Representatives. Aug. 2-11, 1979. Washington, 0.3. Govt. Print. Off., 1979. 81 p. At head of title: Committee print. 0.3. Committee on Foreign Affairs. Subcommittee on Asian and Pacific Affairs. Refugees from Indochina: current problems and prospects. Report submitted by a congressional delegation to Southeast Asia Dec. 28, 1978 to Jan. 13, 1979. 96th Congress, 1st session. Washington, 0.3. Govt- Print. Off., 1979. 54 p. At head of title: Committee print. Congress. House. 0.3. Congress. House. Committee on International Relations. "New Directions“ aid programs in Asia [and] Indochina refugees in Thailand; report of a staff study nission...Nov. 16 to Dec. 15, 1977. 95th Congress, 2d session. Washington, 0.S- Govt. Print. Off., 1978. 75 p. At head of title: Committee print. Refugees in Thailand are discussed on pages 15-24. House. Committee on the Judiciary. ‘The Refugee Act of 1979; report to accompany H.R. 2816. 96th Congress, 1st session. Washington, 0.5. Govt. Print. Off., 1979. 67 p. (96th Congress, 1st session. House. Report no. 96-608) 0.5. Congress. 0.5. Congress. House. Committee on the Judiciary. Subcommittee on Immigration, Citizenship, and International Law. Haitian emigration. 9uth Congress, 2d session. Washington, 0.5. Govt. Print. Off., 1976. 36 p. At head of title: Committee print. ----- Indochinese refugees: an update; report of the staff , ... on a fact-finding trip to Thailand and Malaysia, July 1978. 95th Congress, 2d session. Washington, 0.5. Govt. Print. Off., 1978. 42 p. At head of title: Committee print no. 21. 0.5. Senate. Committee on the Judiciary. Congress. The Refugee CBS-18 IB80063 UPDATE-07/O9/80 Act of 1979; report to accompany 5. 6u3. 96th Congress, 1st session. ~Washington, 0.5. Govt. Print. Off., 1979. 32 p. (96thCongress, 1st session. Senate Report no. 96-256) ----- Review of 0.5. refugee resettlement programs and policies; report ..- by the Congressional Research Service, Library of Congress. 96th Congress, 1st session. Washington, 0.5. Govt. Print. Off., 1979. 183 p. At head of title: Committee print. ----- World refugee crisis: the international community's response: Report... by the Congressional Research Service, Library of Congress. 96th Congress, 1st session. Washington, 0.5. Govt. Print. Off., 1979. 323 p.. At head of title: Committee print. §L1§Q!QLQ§1..Q.E-§.V.E!'l?§ Oh/15/80 —- The Carter Administration reported to Congress on proposed refugee admissions for FY80. 03/17/80 -» The Refugee Act of 1980 was enacted to revise procedures for the admission of refugees and to provide a basic authorization for Federal refugee resettlement assistance. A A2D.l$.I.Q!!AL-§§.F.’ERE!CB 50UR£3.§§ Taft, Julia V., David 5. North, and David A. Ford. Refugee resettlement in the 0.5.: time for a new focus. Washington, New Trans Century Foundation, 1979. 222 p. 0.5. Department of Health, Education, and Welfare. Social security Administration. Office of Refugee Affairs. Indochinese Refugee Assistance Program. Report to the Congress. [Washington] Dec. 31, 1979. 6a p. This is the thirteenth report to Congress issued pursuant to the Indochina migration and Refugee Assistance Act of 1975 as amended. 0.5. General Accounting Office. Domestic resettlement of Indochinese refugees --struggle for self-reliance; report to the Congress by the Comptroller General of the United States. [Washington] 1977. (B-133001, May 10, 1977) H7 p. (LR5 77-4928) ----- The Indochinese exodus: A humanitarian dilemma; report to the Congress by the Comptroller General of the United States. [Washington] 1979. (ID-79-20, Apr- 2a, 1979) 105 p. (LRS 79-u9u9) ----- 0.5. assistance provided for resettling Soviet refugees; report to the Congress by the Comptroller General of ther United States. [Washington] 1977. (B-125029, June 20, 1977) 78 p. i L%%%AflW’ 3 1 Vmkfibfiwfififfifl UNEVERSETY 9 Hr. Louis » M0.