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This is a subsection that I am adding to the 'refugee law' page. I also plan to briefly talk about each of the regional instruments regarding refugee law. — Preceding unsigned comment added by Bcstell (talkcontribs) 01:15, 24 February 2017 (UTC)[reply]

U.S. Refugee Law[edit]

Various regions and countries have different variations of refugee law. They all stem from the 1951 Convention and the 1967 Protocol which relates to refugee status. The United States became a party to this Protocol the following year in 1968. Although the aftermath of World War 2 brought forth a refugee crisis, the large influx and resettlement of Indochinese refugees led to the passage of the Refugee Act of 1980. This law incorporated the International Convention's definitions of a refugee into U.S. law. [1] The law also created legal basis for the admission of refugees into the U.S. A important aspect of this law is how an individual goes about applying for status. A person may meet the definition of refugee but may not be granted refugee status. If the individual is inside of the U.S. with a different status or no status, he or she is granted the status of asylee but not refugee.

In order to be considered a refugee in the U.S., an individual must:

  • be located outside of the U.S.
  • be of specific humanitarian apprehension for the U.S.
  • is able to validate previous persecution or feared approaching persecution based on their race, religion, nationality, social class, or political outlook
  • is not currently settled in another country
  • is admissible to the U.S.

The first step of being granted this status is to receive a referral to the U.S. Refugee Admissions Program (USRAP). The person is allowed to include their spouse, child, or other family members (only in specific circumstances) when applying for refugee status. After the person is referred, a U.S. Citizenship and Immigration Services officer located abroad will conduct an interview to determine refugee resettlement eligibility inside the U.S.[2] If the person is approved as a refugee, he or she will then be provided with many forms of assistance. These include a loan for travel, advice for travel, a medical exam, and a culture orientation.[3] After the refugee is resettled, he or she is eligible for medical and cash assistance. The Office of Refugee Resettlement has a program called the Cash and Medical Assistance Program which completely reimburses the assistance in which states provide refugees.[4] The refugee is eligible for this cash and medical assistance up to eight months after their arrival date. [5]

Human Rights and Refugee Law[edit]

Human rights are the rights a person is guaranteed on the basis only that he or she was born a human-being. The following are universal human rights that are most relevant to refugees:

  • the right to freedom from torture or degrading treatment
  • the right to freedom of opinion and expression
  • the right to freedom of thought, conscience, and religion
  • the right to life, liberty, and security
  • freedom from discrimination[6]

Refugee law and international human rights law are closely connected in content but differ in their function. The main difference of their function is the way in which international refugee law considers state sovereignty while international human rights law do not.[7] One of the main aspects of international refugee law is non-refoulement which is the basic idea that a country cannot send back a person to their country of origin if they will face endangerment upon return. In this case, a certain level of sovereignty is taken away from a country. This basic right of non-refoulement conflicts with the basic right of sovereign state to expel any undocumented aliens.[8]


Peer Review[edit]

I am a bit concerned that this article fits rather closely with the Asylum in the United States article, which is pretty thorough as-is. I don't want you to work for weeks on this and realize the same information already exists elsewhere. That said, relating U.S. law in a global context would be a valuable addition to the overall topic. Because national laws and UN regulations do not always work together, a section about conflicts between U.S. laws and practices and international law would be interesting.

I also recommend fleshing out the bullet points in order to provide more clear information. For example: what groups are "of specific humanitarian apprehension" to the U.S.? Adding more fecent laws and practices would also be beneficial. In order to comply with Dr. B's length requirement, it may be a good idea to track another country's refugee laws. Of course, if you find enough information about U.S. law, that's not necessary. Finally, I recommend using more academic, third-party sources.

This is a good start and I think it will facilitate understanding of the topic in a broader context! Rusty shackleford (talk) 20:34, 26 February 2017 (UTC)[reply]




You've done a great job at keeping the article neutral and with facts. I would recommend having a footnote at the end of every sentence or every other sentence if they directly relate to the same place in a source. I looked over the Asylum in the United States article, especially the refugee law section, and did find a couple parts that overlap with your information, like the 1951 Convention and the 1980 Refugee Act. But I think what you have here about the process of becoming a refugee specifically in the U.S. is not written on that page.

To expand the article, maybe consider some cases of how the refugee law has played out, like Supreme Court cases that have decided the interpretation of the law, what circumstances do and don't lead to getting the refugee label. I also think it would be interesting to look at how U.S. refugee law compares to other countries refugee laws.

I think just adding more about how the law has played out would really add a lot to this. Academic papers, books or law reviews would be great sources to add.

Overall I really appreciate the neutrality of your information and think I could benefit from using the same neutral tone in my article too.

Acvgsu (talk) 05:10, 28 February 2017 (UTC)Acvgsu[reply]

  1. ^ "An Overview of U.S. Refugee Law and Policy". American Immigration Council. Retrieved 23 February 2017.
  2. ^ "Refugees". U.S. Citizenship and Immigration Services. Retrieved 24 February 2017.
  3. ^ "Coming to the United States". U.S. Citizenship and Immigration Services. Retrieved 2 April 2017.
  4. ^ "About Cash & Medical Assistance". Office of Refugee Resettlement. U.S. Department of Health & Human Services. Retrieved 2 April 2017.
  5. ^ "About Cash & Medical Assistance". Office of Refugee Resettlement. U.S. Department of Health & Human Services. Retrieved 2 April 2017.
  6. ^ "What Are Refugee Rights Under International Law?" (PDF). Lutheran Immigration and Refugee Service. Retrieved 2 April 2017.
  7. ^ Goldenziel, Jill (September 1, 2016). "THE CURSE OF THE NATION-STATE: Refugees, Migration, and Security in International Law". Arizona State Law Journal: 8. {{cite journal}}: More than one of |pages= and |page= specified (help)
  8. ^ Goldenziel, Jill (September 1, 2016). "THE CURSE OF THE NATION-STATE: Refugees, Migration, and Security in International Law". Arizona State Law Journal: 8. {{cite journal}}: More than one of |pages= and |page= specified (help)