Refugee Act (1980)

The Refugee Act of 1980 was built upon the Immigration and Nationality Act Amendments of 1965. Its primary goal was to create a systematic, uniform, and unbiased procedure of refugee resettlement. As a result, it repealed discrimination on the basis of national origins and opened doors to refugees from all parts of the world who have played important roles in contributing to America's multiculturalism.

To achieve its goal, the legislation had five objectives regarding refugee resettlement. First, it redefined “refugee” in accordance with the United Nations, 1951 convention's definition. Prior to this legislation, the United States primarily categorized refugees as those fleeing from communist countries and repressive regimes in the Middle East. The adoption of the United Nations’ definition in 1980 repealed this discrimination and applied “refugee” to any person who is unable or unwilling to remain in his or her country of nationality because of “well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion.” Individuals who have “ordered, incited, assisted or otherwise participated in [such] persecution” are excluded from this definition.

This definition applied to individuals who were already present in the United States under a legal designation known as political asylum, such as Vietnamese refugees and boat people who had arrived before 1980. Moreover, it authorized granting refugee status to people in detention who may be permitted to leave their country if accepted by other governments, such as in the Cuban political prisoner release program. Second, the Refugee Act of 1980 raised the annual limitation on regular refugee admissions from 17,400 to 50,000 each fiscal year. Third, it provided for an orderly procedure to deal with emergencies if the number of admitted refugees exceeded the regular ceiling. This provision added flexibility to the Immigration and Nationality Act of 1965. Fourth, to ensure congressional control, the act required consultation with the Congress regarding the admission of refugees and particularly the admittance ceiling. Fifth, the act provided monetary assistance, medical benefits, and a wide range of social services to refugees to facilitate the resettlement process.

In addition to these refugee provisions, the act explicitly permitted individuals within the U.S. borders to apply for “asylum” or “restriction on removal” status because of threats to life or freedom. As with refugees, such people could apply for permanent residence status after one year of living in the United States.