Biden’s Executive Order on Refugees

By FAIR Government Relations

Background

On Thursday, February 4, 2021, President Joe Biden issued a new executive order addressing the U.S. Refugee Admissions Program, and other refugee-related issues. President Biden also indicated that he plans to revise the annual refugee ceiling already set for fiscal year (FY) 2021 to 62,500, a significant increase from the 15,000 individual cap set by former President Trump for the same fiscal year. The President also pledged to increase the annual refugee ceiling to upwards of 125,000 individuals for FY 2022 B(which starts on Oct. 1, 2021). 

Under the Immigration and Nationality Act (INA), a refugee is an alien who, generally, has experienced persecution or has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.\ Individuals who meet the refugee definition may be considered for either refugee status under Section 207 of the INA if they are outside the United States, or asylum status under Section 208 of the INA, if they are already in the United States. In addition to providing a lawful status and work authorization, aliens who are admitted as refugees or granted asylum may also become lawful permanent residents (LPRs) and obtain a pathway to citizenship.

Why does FAIR oppose this Executive Order?

• The INA gives the President the authority to set the refugee ceiling on an annual basis precisely so that the President can adjust the cap to reflect both domestic political and economic conditions and ensure that refugee admissions do not harm the needs of the American people. Increasing the cap 8-fold while Americans are experiencing unprecedented challenges at home, including mass unemployment and sickness and travel restrictions caused by COVID-19, is putting the interests of the American people and its immigrant communities last.  
   
• The call to increase refugee admissions at such a drastic rate also comes at great concern during a time when the asylum-only backlog is already estimated to exceed 380,000 of the 1.3 million cases pending before the immigration courts.  The asylum backlog is expected to continue to increase with the growing numbers of aliens arriving at the Southern Border since the change of administrations.
   
• Instead of focusing on admission of increased numbers of refugees in the United States, efforts should focus on helping displaced populations take shelter or receive protection as close to their home countries as possible, which is in line with international standards. The U.S. Committee for Refugees has estimated that a day’s worth of funding needed to settle a single refugee in the U.S. would cover the needs of at least 12 refugees abroad. Thus, assisting displaced individuals abroad, rather than admitting them to the U.S. for permanent resettlement, allows us to protect and assist far more people, without further straining the country’s recovery efforts.
   
• The U.S., like other wealthy nations, has a moral obligation to help those in need, including refugees. But relocating those individuals to the U.S. is by far the most expensive option, and helps the fewest number of people.
   
• The U.S. should continue its proud and generous tradition to admit refugees, but our elected officials have an obligation to our citizens and legal residents to ensure that the admission ceiling reflects the country’s needs and ensure that individuals admitted as refugees are both legitimate and not a threat to national security or personal safety.

What does this Executive Order do?

Refugee Ceiling

• For FY 2020, President Trump set the refugee ceiling at 18,000 individuals and in FY 2021, the goal was 15,000. The Presidential Determination did not allocate the ceiling among the regions of the world, but rather, set allocations by “population of special humanitarian concern.”
   
• The government reported that due to travel restrictions in and out of refugee processing sites worldwide last year, the United States suspended refugee arrivals from March 19 to July 29, 2020 except for emergency cases. The United States resumed general refugee admissions on July 30, 2020 with health measures specified by the Centers for Disease Control and Prevention (CDC). However, increased travel restrictions slowed the place of refugee resettlement through the rest of FY 2020.
   
• Prior to the COVID-19 crisis, the United States led the world on refugee admissions for decades, in many years admitting more refugees each year than all other countries combined.

“Executive Order on Rebuilding and Enhancing Programs to Resettle Refugees and Planning for the Impact of Climate Change on Migration”

•  Revokes:
   
  • Executive Order 13815 of October 24, 2017 (Resuming the United States Refugee Admissions Program with Enhanced Vetting Capabilities)
     
  • Executive Order 13888 of September 26, 2019 (Enhancing State and Local Involvement in Refugee Resettlement)
     
  • The Presidential Memorandum of March 6, 2017 (Implementing Immediate Heightened Screening and Vetting of Applications for Visas and Other Immigration Benefits, Ensuring Enforcement of All Laws for Entry Into the United States, and Increasing Transparency Among Departments and Agencies of the Federal Government and for the American People)
• Directs DHS, DOS and DOD to, within 180 days, to complete a review of the Iraqi and Afghan Special Immigrant Visa (SIV) programs and submit a report to the President with recommendations to address any concerns identified. 
   
• Directs DOS to, within 180 days, in consultation with DOD and DHS, to conduct a review and submit a report identifying whether additional populations not currently provided for under section 1059 of the National Defense Authorization Act for Fiscal Year 2006, Public Law 109-163, section 1244 of the RCIA, or section 602 of the AAPA are at risk as a result of their faithful and valuable service to the United States Government and evaluate whether it would be appropriate to seek legislation that would create a SIV program for individuals, regardless of nationality, who faithfully assisted the United States Government in conflict areas for at least 1 year or made exceptional contributions in a shorter period and have experienced or are experiencing an ongoing serious threat as a result of their service.
   
• Directs DOS and DHS to, within 30 days, provide the President a report on the fraud detection measures in place for USRAP. This includes evaluating and supporting biometric data usage.
   
• Directs DHS and DOS to develop regulations and policies, consistent with law, to treat spouses as derivatives even if they are not legally married in their country of origin and report all actions taken within 180 days. (Section 207(c)(2)(A) of the INA requires spouses and children to be counted against the numerical limit.)
   
• Directs SOS and HHS to, within 120 days, deliver a plan to enhance the capacity of USRAP to welcome refugees by expanding the use of community sponsorship and co-sponsorship models by refugee resettlement agencies, and by entering into new public-private partnerships.
   
• Orders a review of refugee security vetting processes and develop recommendations to increase their efficiency, fairness, and effectiveness, consistent with the humanitarian goals of USRAP and the national security and foreign policy interests of the United States;
   
• Orders a report on climate change and how it affects global migration.  The report must include: options for protection and resettlement of individuals displaced directly or indirectly from climate change; mechanisms for identifying such individuals, including through referrals; proposals for how these findings should affect use of United States foreign assistance to mitigate the negative impacts of climate change; and opportunities to work collaboratively with other countries, international organizations and bodies, non-governmental organizations, and localities to respond to migration resulting directly or indirectly from climate change.