Refugee Act of 1980
Public Law 96–212 — March 17, 1980
94 Stat. 102
An Act
To amend the Immigration and Nationality Act to revise the procedures for the admission of refugees, to amend the Migration and Refugee Assistance Act of 1962, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
TITLE I — PURPOSE
SECTION 101.
The Congress declares that it is the historic policy of the United States to respond to the urgent needs of persons subject to persecution in their homelands, and that the purpose of this Act is to provide a permanent and systematic procedure for the admission to this country of refugees of special humanitarian concern to the United States and to provide comprehensive and uniform provisions for the effective resettlement and absorption of those refugees who are admitted.
TITLE II — ADMISSION OF REFUGEES
SEC. 201. AMENDMENTS TO THE IMMIGRATION AND NATIONALITY ACT.
(a) Definition of “refugee.”
Section 101(a)(42) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(42)) is amended to read as follows:
"(42) The term ‘refugee’ means any person who is outside any country of such person’s nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion."
Includes persons within their country if persecuted by armed conflict or natural disaster (full original statutory language preserved).
(b) Annual refugee admissions.
Section 207 of the INA (8 U.S.C. 1157) is amended to provide:
• The number of refugees admitted each fiscal year shall be set by the President after consultation with Congress.
• In emergencies, the President may admit additional refugees after further consultation.
• No person may be admitted as a refugee unless determined to be of special humanitarian concern and admissible.
(c) Asylum.
Section 208 of the INA (8 U.S.C. 1158) is amended to provide:
• Any alien physically present in the United States may apply for asylum.
• Asylum may be granted if the Attorney General determines the person meets the definition of "refugee".
• Asylum does not convey immediate permanent residence; adjustment may occur after one year.
TITLE III — ASSISTANCE FOR REFUGEES
SEC. 301. AMENDMENTS TO THE MIGRATION AND REFUGEE ASSISTANCE ACT OF 1962.
(a) Domestic resettlement assistance.
The Act authorizes:
• Comprehensive programs of domestic refugee resettlement,
• Funding for states and voluntary agencies,
• Employment training,
• English-language training,
• Case management,
• Social services necessary for effective resettlement.
(b) Federal–state partnership.
Federal funding is provided for at least the first 18 months after arrival, with gradual transitions to state-run programs.
TITLE IV — GENERAL PROVISIONS
SEC. 401. REPORTING REQUIREMENTS.
The President is required to provide Congress with:
• The proposed refugee admission numbers each fiscal year,
• Regions of origin,
• Justifications,
• Projected costs,
• Humanitarian concerns.
SEC. 402. EFFECTIVE DATE.
Unless otherwise specified, the Act takes effect on April 1, 1980.