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Eligibility for Refugee Assistance and Services through
the Office of Refugee Resettlement
Overview
In the Refugee Act
of 1980, Pub. L. No. 96-212, Congress codified and strengthened the United
States’ historic policy of aiding individuals fleeing persecution in their
homelands. The Refugee Act of 1980 provided a formal definition of "refugee",
which is virtually identical to the definition in the 1967 United Nations
Protocol relating to the Status of Refugees. This definition is found
in the Immigration and Nationality Act (INA) at section 101(a)(42). In
addition, the Act provided the foundation for today’s asylum adjudication
process and the development of an Office of Refugee Resettlement (ORR)
within the Department of Health and Human Services. ORR’s mission is to
assist refugees and other special populations, as outlined in ORR regulations,
in obtaining economic and social self-sufficiency in their new homes in
the United States. To do this, ORR funds and facilitates a variety of
programs that offer, among other benefits and services, cash and medical
assistance, employment preparation and job placement, skills training,
English language training, social adjustment and aid for victims of torture.
Eligible
Populations
As
mentioned above, a "refugee" is primarily defined in
the INA as:
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.
INA § 101(a)(42)(a);
8 USC § 1101(a)(42)(a).
Using this definition,
representatives of the United States Immigration and Naturalization Service
(INS) conduct interviews overseas of individuals who have fled persecution.
They then make determinations of refugee status. Once an individual is
determined to be a refugee, a joint effort, conducted by the Department
of State, the International Organization for Migration (IOM) and the INS,
brings these individuals to the United States. United States voluntary
agencies and ORR then initiate programs to assist with their resettlement.
Refugees are the main beneficiaries of ORR assistance and services.
Asylees
also meet the definition of "refugee" in the INA. However, asylees are
individuals, who, on their own, travel to the United States, apply for
and receive a grant of asylum. These individuals do not enter the United
States as refugees. They may enter as students, tourists, businessmen
or without papers. Once they are in the United States, or at a land border
or port of entry, they apply to the INS for asylum, a status that will
acknowledge that they meet the definition of a refugee and that will allow
them to remain in the United States. Individuals granted asylum are eligible
for ORR assistance and services. (Note that asylum applicants are not
eligible for ORR assistance and services. The only exception is for certain
Cuban and Haitian entrants. If a national of Cuba or Haiti has applied
for asylum, he or she may be eligible to receive ORR assistance and services
as a Cuban and Hatian entrant. See information below about Cuban and Haitian
entrants.)
In addition to
these two groups meeting the refugee definition, ORR also assists Cuban
and Haitian entrants. Employing the definition in the Refugee
Education Assistance Act of 1980, Pub. L. No. 96-422, ORR defines Cuban
and Haitian entrants as:
(a) Any individual
granted parole status as a Cuban/Haitian Entrant (Status Pending) or
granted any other special status subsequently established under the
immigration laws for nationals of Cuba or Haiti, regardless of the status
of the individual at the time assistance or services are provided; and
(b) Any other national
of Cuba or Haiti
(1) Who:
(i) Was paroled
into the United States and has not acquired any other status under the
Immigration and Nationality Act;
(ii) Is the subject
of exclusion or deportation proceedings under the Immigration and Nationality
Act; or
(iii) Has an application
for asylum pending with the Immigration and Naturalization Service;
and
(2) With respect
to whom a final, nonappealable, and legally enforceable order of deportation
or exclusion has not been entered.
45 CFR § 401.2.
Certain
Amerasians from Vietnam who are admitted to the U.S. as immigrants
pursuant to section 584 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1988, are also eligible to receive
ORR assistance and services. This definition is contained in section 101(e)
of Public Law 100-202 and amended by the 9th proviso under
Migration and Refugee Assistance in Title II of the Foreign Operations,
Export Financing, and Related Programs Appropriations Acts, 1989 (Pub.
L. No. 100-461 as amended).
Finally, ORR
assists individuals who have permanent resident status in the United States,
provided that these individuals had held one of the above mentioned statuses
before becoming permanent residents (i.e. "green card"
holders).
Statuses Eligible for ORR Assistance and
Services
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Refugees, admitted under INA § 207
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Asylees, granted asylum under INA § 208
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Cuban and Haitian entrants as defined under 45
CFR § 401.2
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Certain Amerasians
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Permanent Residents who had held one of
the above statuses in the past
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*Note: Individuals who are paroled into the United States as refugees
or asylees under INA § 212(d)(5) are also eligible
for ORR assistance and services. It is extremely rare to see someone
in this category. Do NOT confuse these refugees and asylees with
general parolees under § 212(d)(5), such as "Lautenberg" parolees.
"Lautenberg" parolees are NOT eligible for ORR assistance and services.
Additionally, other "public interest parolees" and "humanitarian
interest parolees" are NOT eligible. (If the individual is a Cuban
or Haitian admitted under § 212(d)(5), he or she may be eligible
for ORR assistance and services.)
45 CFR § 400.43
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Documentation
In order to access
ORR assistance and services, individuals must meet the requirements listed
in ORR regulations. These requirements include appropriate proof of status
in the form of documentation issued by the INS. ORR periodically releases
State Letters, which outline the necessary documentation. The most recent
State Letters discussing documentation were issued in 1993 and 1994. These
State Letters, State Letter #93-27 and State Letter #94-26, contain outdated
information. ORR is in the process of developing an updated State Letter.
In the meantime, if you have questions concerning documentation, please
call Anna Marie Bena at (202) 260-5186 or send an email to abena@acf.dhhs.gov.
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