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U.S. Refugee Program

United States. Congress. House. Committee on the Judiciary. Subcommittee on Immigration, Refugees, and International Law

Published: 1982

Total Pages: 432


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For over forty years, Cold War concerns about the threat of communism shaped the contours of refugee and asylum policy in the United States, and the majority of those admitted as refugees came from communist countries. In the post-Cold War period, a wider range of geopolitical and domestic interests influence which populations policymakers prioritize for admission. The Refugee Challenge in Post-Cold War America examines the actors and interests that have shaped refugee and asylum policy since 1989. Policymakers are now considering a wider range of populations as potentially eligible for protection: victims of civil unrest, genocide, trafficking, environmental upheaval, and gender-based discrimination, among others. Many of those granted protected status since 1989 would never have been considered for admission during the Cold War. Among the challenges of the post-Cold War era are the growing number of asylum seekers who have petitioned for protection at a port of entry and are backlogging the immigration courts. Concerns over national security have also resulted in deterrence policies that have raised important questions about the rights of refugees and the duties of nations. María Cristina García evaluates the challenges of reconciling international humanitarian obligations with domestic concerns for national security.
This book provides a thorough legal analysis of the United States Migrant Interdiction Program, examining the United States' compliance with its obligations under municipal and international law as it interdicts individuals at sea, conducts status determinations, and returns those interdicted to their home countries. This book also examines the rights of the small number of refugees and individuals at risk of torture detained in Guantánamo Bay, Cuba, awaiting resettlement in third countries. Policy-makers, students and scholars will benefit from this book's clarification of the legal obligations of nations engaged in extraterritorial status determination and detention, as well as its blueprint for compliance with international human rights and refugee law. As the first book of its kind devoted to the United States' interdiction program, this work represents an important contribution to scholarship in refugee law and policy, US constitutional law, international maritime law, and international human rights law.