The Refugee Act of 1980: Problems and Congressional Concerns

Abstract

The Refugee Act of 1980 was the most comprehensive U.S. law ever enacted concerning refugee admissions and resettlement. But each one of its principles has raised problems and encouraged new debate with respect to its implementation or its continuance. Levels of refugee flow are clearly a concern in Congress, linked in the eyes of many with broader issues of border control, fiscal policy, and the appropriate role of the legislative branch. Further attempts to limit that flow through some sort of numerical cap can be expected, as well as further debate on the reach of the refugee definition. Closely associated with the issue of flow and the validity of particular claims is the asylum issue. The right of asylum, having been incorporated into domestic law, will not be abolished. However, concern over numbers, over the inefficiency of present procedures, and over their hotly debated fairness or political bias is certain to generate renewed effort to reform asylum adjudication procedures. Finally, the method and financing of resettlement assistance to refugees is likely to remain the subject of debate. Divorcing refugee assistance from refugee admissions will continue to be discussed. Congressional battles will also be waged over appropriate levels of funding for refugee programs and quite possibly over the design of those programs, especially as it affects their coordination with state and local governments, the role of the private voluntary agencies, and the mutual assistance agencies.