An Overview of U.S. Refugee Law and Policy

The United States has long been a global leader in the resettlement of refugees—and the need for such leadership remains enormous. The number of refugees around the world who are fleeing violence or persecution in their home countries in search of safety abroad has grown dramatically over the past decade.  

Until recently, the United States offered refuge each year to more people than all other nations combined. But the Trump administration drastically reduced the maximum number of refugees that could enter the United States. Moreover, the Trump administration imposed new security vetting procedures on refugees before they can be admitted into the country, which greatly lengthened waiting times and left many refugees in dangerous situations for prolonged periods. In 2017, for the first time in modern history, the United States settled fewer refugees than the rest of the world. In Fiscal Year (FY) 2021, the United States settled only 11,411 refugees—the fewest in any year since the creation of the U.S. refugee program. 

People who are compelled by force to leave their homes often face two options. They can flee to another locale within their home country, in which case they are known as Internally Displaced Persons (IDPs). Or they can flee to another country, becoming “refugees” when they cross an international border. Those who travel to the country in which they seek safe haven are generally referred to as “asylum seekers,” while those who flee to another country and wait there for an opportunity for resettlement in a third country are generally referred to as refugees seeking resettlement. 

The number of forcibly displaced people around the world has skyrocketed over the past decade, growing from 42.7 million at the end of 2012 to 89.3 million at the end of 2021. Much of this displacement has been fueled by new or worsening conflicts around the world. In 2021, there were 23 countries experiencing “high- or medium-intensity conflicts”—double the number a decade ago. 

UNHCR conducts an initial screening to determine if an individual seeking refugee status qualifies as a refugee under international law and then identifies an appropriate “durable solution” for that individual: voluntary repatriation, local integration, or resettlement. Individuals identified as refugees in need of resettlement are referred to one of nine U.S. Department of State Resettlement Support Centers (RSCs) around the world where they are screened to ensure they meet U.S.-designated processing priorities. 

There are three principal categories through which individuals can seek access to the U.S. Refugee Admissions Program (USRAP): 

RSCs create a case file for each prospective refugee under consideration and request background security checks from U.S. national security agencies including the National Counterterrorism Center, FBI, and Department of Defense. Officers from USCIS conduct interviews to confirm that the individual qualifies for resettlement under a designated refugee processing priority, meets the international definition of a refugee, is not firmly resettled in a third country, and is otherwise admissible to the United States under U.S. law. 

Applications for refugee resettlement can be denied for a variety of reasons including criminal histories, past immigration violations, alleged connections to terrorist groups, or communicable diseases. Applicants cannot appeal the decision unless new or previously unavailable information arises. In January 2018, the Trump administration put in place new security measures, including additional screening of individuals from “high risk” countries, administering the refugee program in a more “risk-based” manner, and periodic review of countries deemed to be “high-risk.” Refugee resettlement organizations have stated that these additional “extreme vetting” measures were unnecessary and a pretext to make it more difficult to resettle Muslim refugees. In February 2021, the Biden administration revoked these measures.  

Individuals who pass the security and medical checks and receive formal approval from USCIS are eligible for resettlement. RSCs send biographical information on the refugees selected for resettlement to the nine domestic resettlement agencies and organize travel to the United States in coordination with the International Organization for Migration (IOM). Before departing, refugees sign a promissory note to repay the United States for their travel cost.  

The domestic resettlement agencies, many of them faith-based organizations such as Church World Service and the U.S. Conference of Catholic Bishops, handle resettlement logistics and consult with local authorities to determine where the refugee will live. Refugees resettled in the United States do not need to have a “sponsor.” If a refugee approved for admission does have a relative living in the United States, efforts are made to place the refugee near his or her relative.  

The State Department’s Reception and Placement Program provides funds to cover refugees’ rent, furnishings, food, and clothing for an initial 90-day period. The Office of Refugee Resettlement in the Department of Health and Human Services provides longer-term cash and medical assistance, along with other social services such as language classes and employment training to support the integration of refugees into local communities. One year after resettlement, refugees may apply for Lawful Permanent Resident (LPR) status. If they adjust to LPR status, they may petition for naturalization five years after their arrival in the United States. 

In FY 2021, the largest number of new refugee arrivals settled in California (986), followed by Texas (914), New York (708), Kentucky (652), and Michigan (533).