Proposed Refugee Admission for Fiscal Year 2005

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Proposed Refugee Admission for Fiscal Year 2005

Government record

By: U.S. Department of Health and Human Services

Date: September 2004

Source: U.S. Department of Health and Human Services. Proposed Refugee Admission for Fiscal Year 2005. Report to the Congress. Department of State. Department of Homeland Security. Washington, D.C.: U.S. Department of Health and Human Services, 2004.

About the Author: The Proposed Refugee Admission is a report submitted to Congress by the Department of Health and Human Services in compliance with the Refugee Act of 1980. This report includes descriptions of the nature of the refugee situation, the number and allocation of refugees and resettlement analysis. The report includes plans and cost for resettlement, as well as, anticipated impact on the United States.

INTRODUCTION

In 1948, U.S. President Harry S. Truman signed the Displaced Persons Act. This legislation allowed approximately 400,000 people who had become refugees as a result of World War II to enter the United States. It was followed several years later by the Refugee Relief Act, which provided for the immigration of an additional 200,000 displaced persons. These were the first acts by the U.S. government to acknowledge the need of refugees to be resettled. In 1952, the standards for immigration to the United States were established in the Immigration and Nationality Act, which has been amended several times since its original implementation. In 1980, the U.S. Congress passed the Refugee Act, which directs the president to set annual ceilings on incoming refugees, including regional limits. As such, the president, in consultation with the congress, provides for the resettlement within the United States of refugees. Those seeking refugee status must display a founded fear of persecution based on political or religious ideology or race and ethnicity. Refugees can apply for permanent residency status after residing in the United States for one year. After five years of U.S. residence, the refugee becomes eligible for citizenship.

PRIMARY SOURCE

1. OVERVIEW OF U.S. REFUGEE POLICY

Resettlement to third countries, including the United States, is considered for refugees in urgent need of protection as well as for those for whom other durable solutions are not feasible. In seeking durable solutions for refugees, the United States generally gives priority to the safe voluntary return of refugees to their homelands. This policy, recognized in the Refugee Act of 1980, is also the preference of the international community, including the Office of the United Nations High Commissioner for Refugees (UNHCR). If safe voluntary repatriation is not feasible, other durable solutions are sought, including local integration in countries of asylum or resettlement in third countries. For many refugees, resettlement is the best, or perhaps only, alternative. Recognizing the importance of ensuring UNHCR's capacity to identify and to refer refugees in need of resettlement, the U.S. government has provided some 20 million dollars during the past seven years to expand the organization's resettlement infrastructure.

According to UNHCR, as of January 1, 2004 there were 9.9 million refugees in the world. An important foreign policy goal of the United States is to assist refugees worldwide. The United States therefore makes financial contributions to international organizations, as well as to non-governmental organizations. Under the authority in the Migration and Refugee Assistance Act of 1962, as amended, the United States contributes to the programs of UNHCR, the International Committee of the Red Cross (ICRC), the International Organization for Migration (IOM), and other international and non-governmental organizations that provide relief and assistance to refugees. Our assistance is targeted to address immediate protection needs of refugees as well as to ensure that basic needs for water, sanitation, food, health care, shelter, and education are met. The United States continues to press for the most effective use of international resources directed to the urgent needs of refugees and internally displaced persons. During FY 2004, the United States has supported major relief and repatriation programs throughout the world. Repatriation to countries including Afghanistan, Somalia, Angola, and Sierra Leone has proceeded on a large scale.

For many years, the United States was one of ten countries that worked with UNHCR on a regular basis to provide resettlement opportunities for persons in need of this form of international protection or durable solution. In 2003, UNHCR referred refugees to 24 countries for resettlement. The majority (86%) was referred to the United States, Canada, and Australia. In addition to New Zealand and the traditional Western European resettlement countries (Norway, Sweden, Denmark, Finland, the Netherlands, Great Britain), small numbers of referrals were accepted by Germany, Ireland, Italy, Belgium, Iceland, Austria, Switzerland, France, Spain, Chile, Brazil, Korea, and Mozambique. The European Union has recently endorsed a plan in support of refugee resettlement that may generate additional interest in participation of European countries.

While the overall number of refugees referred by UNHCR and the percentage resettled by various countries fluctuate from year to year, the United States is committed to providing an opportunity for U.S. resettlement to at least 50% of all UNHCR referrals. In calendar year 2003 the United States resettled 54% of all UNHCR-referred refugees resettled in third countries….

The term 'refugee' means: (A) 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, or (B) in such circumstances as the President after appropriate consultation (as defined in section 207 (e) of this Act) may specify, any person who is within the country of such person's nationality or, in the case of a person having no nationality, within the country in which such person is habitually residing, and who is persecuted or who has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. The term 'refugee' does not include any person who ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion….

Refugees resettled in the United States contribute positively to the diversity and enrichment of our country. The U.S. program emphasizes the goal that refugees become economically self-sufficient as quickly as possible. Department of Health and Human Services-funded programs administered by individual states and the District of Columbia provide cash and medical assistance, training programs, employment, and other support services to arriving refugees. A variety of institutional providers perform these services, including the voluntary agencies that provide initial reception and placement services under cooperative agreements with the Department of State.

A. AFRICA

Resettlement in third countries outside the region is an essential durable solution for some African refugees. The possibility of third country resettlement can play an important protection role, given the political and economic volatility in many parts of Africa. With limited opportunities for complete, permanent integration in neighboring countries and often-protracted periods in refugee camps before voluntary repatriation becomes an option, the need for third country resettlement of African refugees will continue. All resettlement countries, in particular the United States, Canada, and Australia, accept resettlement referrals from Africa, but the U.S. program receives the majority of them. In recent years, UNHCR has increasingly viewed resettlement as an important tool of protection and durable solution for refugees in Africa.

5. FY 2004 U.S. Admissions

We anticipate exceeding the 25,000 refugee admissions ceiling for Africa in FY 2004. Four countries (Somalia, Liberia, Sudan, and Ethiopia) account for the majority of refugee arrivals, with two countries (Sierra Leone and Democratic Republic of Congo) accounting for fewer, yet significant numbers of refugee arrivals. Refugees also have been resettled from thirteen other African countries in smaller numbers.

We have taken steps to improve efficiency and to decrease vulnerability in the enhanced security procedures instituted in the aftermath of September 11, particularly the Security Advisory Opinion (SAO) component, which so impacted arrivals from Africa. Thanks to improved coordination with intelligence and law enforcement agencies and the addition of new staff at PRM dedicated to processing SAOs, delays caused by this enhanced security check were dramatically reduced in FY 2004. In addition, FY 2004 saw some improvement in the security conditions in some processing locations, such as Kakuma Camp in Kenya, where DHS officers were able to return in September 2003 and conduct interviews on a nearly continual basis throughout FY 2004. However, difficult security conditions persist in some locations, including many sites in Ethiopia. Sporadic violence in and around Kakuma threatened processing and required increased security for convoys of refugees and processing personnel into and out of the camp. Finally, USCIS has continued to verify claimed family relationships between U.S. anchor relatives and refugee applicants in the P-3 caseload in order to address the historically high levels of relationship fraud in the African P-3 program.

6. FY 2005 U.S. Resettlement Program

The proposed Africa ceiling of 20,000 is intended to respond to the resettlement needs of certain groups of African refugees, while realistically approaching the logistical and political realities of refugee processing in this complex working environment. PRM has actively engaged all appropriate offices within the Department of State, the voluntary agency community, UNHCR, and USCIS to help identify groups appropriate for resettlement that would likely qualify under U.S. law. As a result of these discussions, PRM has identified a number of groups for priority processing during FY 2004.

The estimate of 9,000 individuals in the pipeline of approved refugees who will likely arrive during FY 2005 includes P-1, P-2, and P-3 cases approved during FY 2004, including several thousand Somali Bantu in Kakuma.

PRM continues to work closely with UNHCR to strengthen its resettlement referral capacity in Africa. We are currently funding twelve resettlement positions in eight African countries: Ghana, Guinea, Ivory Coast, Senegal, Sierra Leone, Kenya, Ethiopia, and Tanzania. In return, PRM anticipates significant numbers of referrals from UNHCR in these countries during calendar year 2004 (many of whom will be processed in FY 2005).

In East Africa, we anticipate processing a group of approximately 1,750 Somali Benadir in Dadaab camp, Kenya, and approximately 1,000 minority clan Somalis in Nakivale Camp, Uganda. While we do not anticipate a large group referral from Mozambique, we do expect a continued increase in individual referrals of vulnerable cases from Marratane Camp. We also anticipate a referral of 2,000 or more Burundians in Tanzania—half of the total of 4,000 individuals that UNHCR intends to submit to all resettlement countries in the coming year.

In West Africa, we expect to process a group of 2,500 Liberian female-headed households who have experienced "double flight" to Ivory Coast and now Guinea, and a group of 1,500 Liberians in single-parent households in Ghana. We also anticipate smaller numbers of refugee referrals in Nigeria, Senegal, Gabon, and Sierra Leone, and will be examining the residual numbers of Sierra Leonean refugees throughout the region, given that the repatriation is coming to an end. In addition, UNHCR has indicated it may refer up to 500 Mauritanians in Senegal, pending negotiations between UNHCR and the governments of Mauritania, Senegal, and Mali.In Egypt, we expect fewer referrals of Sudanese than in previous years, given UNHCR Cairo's decision to suspend new registrations for refugee status determinations (RSDs) for Sudanese, following the May 26 signing of the framework for peace. However, cases in the RSD pipeline will be referred for possible resettlement and we have encouraged UNHCR to continue to refer vulnerable cases such as women at risk, and individuals from the Darfur region. At the same time, we expect referrals of Somalis in Egypt to increase. Small numbers of Sudanese and Somalis will continue to be processed in Syria and Lebanon.

7. Possible Future Groups

Other smaller groups of Somalis, Sudanese and Ethiopians are expected from both Dadaab and Kakuma. We continue to monitor the situation of the group of Eritrean Kunama in Ethiopia and have urged UNHCR to consider a group resettlement referral of those who do not choose to voluntarily repatriate to Eritrea by the end of 2004. In the Near East, we are working with UNHCR on possible referral of a group of Ethiopian former Navy personnel and their families in Yemen.

SIGNIFICANCE

According to the United Nations High Commissioner for Refugees (UNHCR), there were approximately 9.9 million refugees worldwide seeking to be resettled in 2004. The United States resettles more refugees than any other nation and between 2003 and 2004 provided $14 million in aid to the UNHCR. Those seeking to be resettled must demonstrate that they are the victims of persecution for religious, political, or other reasons. Refugees reside in holding camps around the world while they await settlement. In 2000, the United States resettled approximately 72,515 refugees.

Refugees awaiting entry into the United States fall under three categories, as determined by the Refugee Act of 1980: P-1, P-2, and P-3. The P-1 refugee have been identified and referred to the State Department for resettlement by the UNHCR, the U.S. embassy, or a non-governmental organization (NGO). Those groups of people identified as a special humanitarian concern represent the P-2 category. Finally, the P-3 category is for those family members of previously resettled refugees awaiting reunification.

However, on September 11, 2001, following the attacks on the World Trade Centers in New York, the resettlement of refugees slowed to a crawl in many countries. For the first months after the attacks, a moratorium was called on the entry of refugees into the United States. In Denmark, Germany and Britain, governments tightened refugee admissions. In 2002, the approximately 14,000 refugees were allowed to enter the United States and in 2003, that number rose to 28,000, somewhat shy of the 70,000 ceiling established by the president. In the months following the September 11 attacks, the U.S. Department of Justice officials advocated a slower pace of processing refugees to allow for better vetting and clearing the individuals of terrorist ties. Extra security checks, particularly in Arab or Muslim countries, resulted in a sharp decrease in refugees entering America. Additional security checks included a Federal Bureau of Investigation and Central Intelligence Agency review called the Security Advisory Opinion. The process to obtain was already overwhelmed by applicants desiring tourist, student and immigration visas. In addition, in developing nations, documentation needed for the report such as birth certificates can often be difficult to locate. As the U.S. State Department and newly formed Department of Homeland Security reviewed refugee immigration procedures, the discovery of fraud in the selection process resulted in additional delays for the resettlement of refugees from Africa. As a result of the increased security checks and the revelation of fraud, the admissions process slowed tremendously.

Refugees forced to remain in camps continued to experience frustrations. U.S.-based resettlement organizations were left without clients and began to be dismantled. In 2003, the situation at a refugee camp in Kenya led to violence. As a result, the U.S. caseworkers, who work to process and prepare the refugees as well as tend to their immediate needs, were forced to withdraw. Only after the U.S. State Department spent $500,000 to fortify the camps were the caseworkers returned to Kenya.

In June 2005, President Bush met with refugee advocates and two refugees who had been resettled in the United States. Following the meeting, the president authorized an additional $154.4 million for refugee admission and resettlement. The president also asked for an additional 20,000 refugees to be allowed entry into the United States.