Dennis Gallagher
Published: 1985
Total Pages: 204
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This study consists of an evaluation of the effectiveness of the United States Refugee Act of 1980 in achieving its objectives and submits recommendations in the light of the analysis undertaken. The objectives of the Act reflect the need for a balance between the desire to furnish a generous humanitarian response to the refugee problem by removing geographical and ideological considerations and establishing permanent mechanisms to respond to refugee emergencies, and the need for exercising greater control over this response by adequately taking into account the domestic impacts of refugee admissions. The study identifies several areas of concern. The first is the inadequacy of existing mechanisms, due to the elimination by the Refugee Act of the Attorney General's parole authority. To overcome this shortcoming, it recommends the establishment of a special humanitarian admission status. The second concerns the budget for refugees, based upon projections. The inconsistencies between these and the actual arrivals could be resolved by regular consultations between the appropriate authorities and the setting up of a contingency fund. The third relates to the US standards for refugee admissions, which are generally based upon nationality, foreign policy considerations and the promotion of family reunification. The study recommends the need for protection be regarded as a capital element in granting refugee admissions. The fourth concerns the processing of applications and includes the question of bureaucratic inflexibility. This could be improved by training, better information about country conditions and greater use of data and information systems. Finally, the existing mechanisms for policy development are inadequate. The study admits that this is a particularly difficult question to resolve, but contends that greater inter-agency coordination and education of the public opinion might help.
