Refugees
Who is a refugee?
According to the Convention relating to the Status of Refugees, held by World Governments in 1951, a refugee is someone who “owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is outside the country of his/her nationality, and is unable to, or owing to such fear, is unwilling, to avail him/her self of the protection of that country.”
This definition includes people who have experienced persecution because of political beliefs or religious activities or because they are members of a particular ethnic group. This definition does not include people who are fleeing economic hardship or are victims of earthquakes, famines, floods, and other kinds of natural disasters. These people may be deserving of humanitarian assistance or they may be admitted to the United States as immigrants, but they are not considered refugees.
The 1951 Refugee Convention and its 1967 Protocol Relating to the Status of Refugees established the legal standards for refugee protection, and the United States has signed the agreement. The United Nations High Commissioner for Refugees (UNHCR), established in 1951, is the branch of the United Nations charged with the international protection of refugees. The U.S. Immigration and Nationality Act (INA) of 1952 authorized the admission of resettlement of refugees to the United States.
An estimated 33 million people, worldwide, have been uprooted by war (World Refugee Survey, 2005, US Committee for Refugees and Immigrants). Refugees come from countries such as Liberia, Croatia, Somalia, Vietnam, China, Burundi, Burma, Afghanistan, Cuba and Iraq.
Who decides who is a refugee?
Refugees flee conditions in their home countries and find temporary asylum in refugee camps or communities in neighboring countries. There, the UNHCR interviews them to decide whether they should be granted refugee status and thus qualify for UNHCR protection.
The UNHCR also seeks to find what it calls a durable solution for any refugee situation. There are three durable solutions: voluntary repatriation to the home country, integration into the country of asylum, and resettlement in a third country, such as the United States. For most refugees, the best solution is to return home as soon as it is safe for them to do so. If that is not possible, the second-best solution may be to integrate them into the country of asylum, where social and cultural conditions are generally similar to those of the home country. Only when these two solutions are not possible does the UNHCR consider the solution of resettlement to a third country, such as the United States.
UNHCR refers about 1% of all refugees for resettlement in a third country. The following countries have resettlement programs: Australia, Canada, Denmark, Finland, the Netherlands, New Zealand, Sweden, Switzerland, and the United States. Other countries accept individual refugees on an ad hoc basis.
How do refugees come to the United States?
Refugees who are referred by the UNHCR for resettlement in the United States or who appear to the U.S. government to be eligible for resettlement under U.S. law are interviewed by an officer of the U.S. Citizenship and Immigration Service (CIS). This officer decides whether a person qualifies as a refugee under U.S. law and is therefore eligible for U.S. resettlement.
Nongovernmental agencies, either international or U.S. based, carry out most of the preparation casework for CIS interviews, working with U.S. embassy officials. These agencies, known as overseas processing entities, or OPEs, interview applicants, help prepare paperwork for CIS, and arrange medical examinations and background security checks for those refugees approved by CIS.
Following CIS approval, the OPE gathers additional information about the applicant and accompanying family members. This information includes the names and addresses of any relatives in the United States, the refugee's work history and job skills, and any special educational or medical needs. This information is needed to determine the best resettlement arrangement for the refugee.
The International Organization for Migration (IOM) generally arranges transportation to the United States. Refugees are expected to repay the cost of their transportation once they are established in the United States. Refugees or their relatives may, of course, pay their own transportation costs in advance.
Before departing for the United States, refugees receive cultural orientation (CO). Overseas CO provides refugees with information about important aspects of U.S. life, teaches them problem-solving skills, and helps them establish realistic expectations about resettlement. It usually lasts about 15 hours.
Where do refugees live in the United States and who helps them resettle?
The United States is a land of great diversity, and refugees can be found in communities all across the country. Refugees may be resettled in small towns, big cities, or suburban communities. A refugee with close relatives already in the United States will probably be resettled where the relatives live. Otherwise, a resettlement agency will decide the best placement site based on the availability of jobs, housing, and social services.
Studies have proven that small to mid-size cities are best suited for refugees, such as Buffalo, Portland or Minneapolis.
The resettlement agency, often called the sponsor, is the most important source of information and assistance during the refugees' first months in the United States. The agency does many things: It ensures that refugees are welcomed at the airport; arranges for their housing, furniture, and basic household supplies; conducts orientation; and prepares a resettlement plan. As part of the plan, the agency refers refugees to social services and employment.
In order to insure that a refugee understands that everyone living in America is expected to be self-sufficient and that no refugee should be an undue burden to American society, he or she must complete several additional steps before traveling to the US. These activities are undertaken concurrently and can take from 2 months to 2 years to complete.
Assurance Process
The American resettlement organization must "assure" the Department of State that it is prepared to receive each matched refugee. This "assurance" is a written guarantee that various basic services will be provided to the refugee and any accompanying family members in the initial resettlement phase.
At this time the resettlement organization determines where in the US the refugee will be resettled. The availability of housing, employment, needed services, readiness of host community and a variety of other factors determine exact placement. However, if a refugee has a relative in the US, every effort is made to resettle the refugee near that relative.
Medical Clearance
All refugees are medically screened by a health care professional working for the US government prior to coming to the US. The screening identifies medical conditions that require follow up or constitute a public health concern. A few serious conditions may render a refugee ineligible for entry into the US. A waiver is sometimes available to the refugee. After being "medically cleared," a refugee must enter the US within one year.
Security Clearance
All refugees must undergo a security clearance procedure prior to coming to the US. The level of clearance needed depends on the refugee's country of origin. Most refugees submit to a "name check" process whereby the refugee's name is checked against the FBI's database of known terrorists and undesirables and the State Department's database of people who have been denied visas to enter the US in the past.
Cultural Orientation
All refugees receive some American culture orientation prior to coming to the US. Most programs emphasize the importance of self-sufficiency in American culture as well as what to expect in the initial resettlement phase. Most refugees attend classes ranging in length from 3 hours to several days.
What kind of experience can refugees expect to have in the United States?
Generalizing about the kind of experience refugees can expect to have in the United States is difficult, since the country is diverse and different refugees have different experiences. However, of the more than 2 million refugees who have been resettled in the United States since 1975, most have adjusted to U.S. life and have become valued members of American society.
Finding Employment
Refugees enter the US with authorization to work. The US government expects a working-age refugee to find a job within six months of arrival. Resettlement organizations often have employment specialists who help refugees with their job search. Many states have a designated agency that receives state funds to help refugees find work. This function is usually coordinated by the State Refugee Coordinator.
Gaining Permanent Residency
Refugees can apply for Permanent Resident Alien (PRA) status - a green card - after they have been in the US for one year.
Becoming a Citizen
Refugees can apply for US citizenship after residing in the US for five years. Many resettlement organizations have citizenship programs that assist and encourage refugees as they go through the naturalization process.
Building a New Life
Refugees spend many years overcoming past trauma, locating family members, adjusting to American culture, building careers, raising families, finding their first dream home, and creating a new life for themselves in the US. Refugees who are able to adapt to the new environment are more likely to have a successful resettlement experience. Those who are both realistic and optimistic appear to adapt the best. Cooperation with the resettlement agency can be key to a successful transition.
Resettlement is not a decision to be made lightly. It may mean that a refugee cannot return to the home country for years. It may mean permanent separation from friends and relatives. But it may also mean the beginning of a new life with new opportunities.