THE DETROIT JEWISH NEWS

10 Friday, April 25, 1980

1980 Refugee Act Vitally Affects U.S. Immigrants

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(Continued from Page 1)
world.
Both the Senate and
House of Representatives
versions of the act extended
the definition even further.
The Senate would have de-
signated as refugees people
displaced by military or
civil disturbances or up-
rooted by arbitrary deten-
tion in their home coun-

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tries. The House opted for a
more narrow definition. It
proposed to add to the UN
description anyone living in
his or her home country
whom the President
specifies as facing persecu-
tion. Although many of the
organizations supporting
the act preferred the Se-
nate's language, the final
bill incorporated the House
version. Still, the legisla-
tion significantly broadens
the criteria for designating
refugees beyond even the
UN Protocol and constitutes
a great improvement over
our current laws.
The act sharpens the de-
finition of refugee further
by excluding from its provi-
sions anyone who "ordered,
incited, assisted, or other-
wise participated in the per-
secution of any person on
account of race, religion, na-
tionality, membership in a
particular social group, or
political opinion." Among
others, this prevents former
Nazis from qualifying as re-
fugees since they could con-
ceivably claim that they
would face persecution if
deported to Germany..
In another key provision,
the act increases the
number of regular flow re-
fugees allowed into the Un-
ited States from the current
total of 17,400 to 50,000 for
fiscal years 1980, 1981 and
1982. There will be a re-
evaluation of the situation
in 1983 with no predeter-
mined limit set. The final
act adopts the Senate's pro-
vision, which was preferred
by most of the bill's suppor-
ters.
Under previous legisla-
tion, the attorney general
could parole more than
17,400 refugees into the
U.S. if special cir-
cumstances made this
procedure necessary.
About 14,000 In-
dochinese and more than
3,000 Russian Jews have
been entering the , coun-
try every month under
this provision. The new
act continues this parole

authority with Congress
before it can become
operative.
It is this numerical issue
that most worries the act's
supporters. The House's one
branch veto provision and
its attempt to return the
number of admissions to
17,400 in 1983 indicate that
there exists significant
political support for re-
stricting the inflow of re-
fugees. For this reason, it is
possible that the elaborate
Congressional consultation
procedure will discourage
the President from using
the parole authority in a
liberal manner.
Admission of over 50,000
refugees per year will be
imperative if the U.S. is to
make a significant -con-
tribution to alleviating
world crises in this area.
This means that backers of
refugee entry will have to
mount vigorous public rela-
tions campaigns to insure
inflow at current levels.
Fears expressed in Israel
that virtually any immig-
rant to Israel coming from a
land of persecution such as
the USSR could now apply
for U.S. • refugee status
under the new law are un-
founded inasmuch as im-
migrants automatically be-
come citizens on arrival in
Israel. They therefore
would not qualify under the
U.S. definition of "refugee"
as one "outside any country
of such person's national-
ity" or persons having no
nationality. Nor obviously
would they fit under that
clause in the law that per-
mits the President to specify
as refugees nationals in a
country where they are
persecuted.
Another important sec-
tion of the act directs the
attorney general to estab-
lish a set procedure for
granting asylum to aliens
in the U.S. if return to the
home country would re-
sult in persecution. This
provision aims to bring
American law on this

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AJCommittee Proposes
U.S. Immigration Changes

NEW YORK — The
American Jewish Commit-
tee has urged the U.S. to de-
velop a program for un-
documented persons in the
United States that includes
a one-time amnesty for "all
persons who reside in this
country unlawfully except-
ing those who have commit-
ted deportable crimes unre-
lated to their entry."
The AJCommittee pro-
posed:
• Enforcement of our
immigration law must con-
form to the standards estab-
lished by the Constitution
and American legal system.
Mass round-ups without
due process cannot be sup-
ported.
• Undocumented work-
ers should receive necessary
health care as well as ad-
mission to public schools.
the
• Recognizing
unique trading migration
and cultural ties with

those countries with
whom we share common
borders (Canada and
Mexico), we should
liberalize current immi-
gration restrictions. Such
a re-evaluation should
include raising immigra-
tion quotas for countries
nearby the United States,
as well as cutting the time
for the visa application
process.
• As a majority of un-
documented persons seek
only temporary worker
status, a reasonable and
flexible program should be
developed to meet this need
Enforcement of fair labor
standards in all jobs should
be enforced.
• To stem the problem
from its source, assistance
should be offered to those
countries with problems in
economic development and
population growth.

matter into conformity
with the UN Convention
and Protocol Relating to
the Status of Refugees.

The act also revises pro-
cedures concerning the ad-
mission status of refugees.
Under 'previous legislation,
refugees were allowed into
the U.S. on a conditional
entry basis and could adjust
to permanent resident
status only after two years.
The time period for adjust-
ing to permanent status was
reduced to one year.
The legislation also es-
tablishes various proce-
dures and mechanisms for
administering and funding
resettlement, programs.
These include the creation
of a position of U.S. coor-
dinator for refugee affairs
and an office of refugee re-
settlement and a federal
reimbursement provision
for cash and medical assis-
tance to refugees for three
years after their arrival.
The most controversial of
these new arrangements
concerns the location of au-
thority for resettlement and
placement grants. The Se-
nate's version would have
continued the present pro-
cess of funding through the
State Department. The
House transferred this
function to the Department
of Health, Education and
Welfare.
Most of the bill's suppor-
ters, especially the volun-
tary agencies, preferred the
Senate's language, though
the final act adopts the
House provision, with the
stipulation that responsibil-
ity would go to HEW only
after two years of joint ad-
ministration during which
a study would be conducted
to consider the advisability
of this move. In fiscal 1982,
HEW would take over these
programs unless the Presi-
dent, acting upon the study,
determines otherwise. How
vigorously the voluntary
agencies will fight this
transfer during the two-
year transition period re-
mains to be seen.
At the same time this
act was passed, the Ad-
ministration announced
its plans for reducing the
federal budget. While no
one knows yet what im-
pact the cuts will have on
resettlement programs,
concern about this mat-
ter is growing. Guarante-
eing adequate funding

for refugee activities will
certainly be a major
focus for future action for
the coalition which sup-
ported this legislation.
The Refugee Act of 1980,
in short, represents a sig-
nificant victory for its sup-
porters, though it has its
drawbacks. While it will
greatly improve procedures
for defining, admitting, and
resettling refugees, -it still
leaves much to be done. In
particular, refugee advo-
cates will have to work
assure that provisions fog
consultation in the granting
of parole are not unduly re-
strictive when emergencies
dictate that more than
50,000 persons gain entry to
America and that resettle-
ment programs continue to
be adequately funded.

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