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Executive Order "Realigning the United States Refugee Admissions Program"

January 24, 2025

Who is a refugee?

A refugee is a person who has fled their country to escape persecution based on race, religion, nationality, membership in a particular social group, or political opinion.[1]

 

The definition of a refugee is enshrined in international law, in the 1951 Refugee Convention and the 1967 Protocol.

 

 

[1] Definition in U.S. law (8 U.S.C. § 1101(a)(42), INA § 101(a)(42)): “The term ‘refugee’ means . . . 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.”

How many refugees are there globally?

There are an unprecedented 122.6 million forcibly displaced people worldwide. Included in that number are 43.7 million refugees globally.

What is the U.S. Refugee Admissions Program?

The U.S. Refugee Admissions Program (USRAP) was established by the Refugee Act of 1980, which was signed into law by President Jimmy Carter after a unanimous vote in Congress.

Refugees must go through over a dozen intensive screenings and are medically certified before coming to the United States through USRAP. USRAP also ensures that refugees are placed with a resettlement organization in the United States before arrival and manages coordination between resettlement organizations, U.S. family ties, and refugees.

 What does Executive Order “Realigning the United States Refugee Admissions Program” do?

The Administration ordered an indefinite suspension of refugee admissions and overseas processing.

Additionally, the executive order: 

  • Directed the Secretary of Homeland Security, in consultation with the Secretary of State, to submit a report on whether resumption of refugee admissions would be in the interests of the United States within 90 days and every 90 days thereafter.
  • Directed the Secretary of Homeland Security, in consultation with the Attorney General, to determine how State and local jurisdictions may have greater involvement in refugee resettlement.
  • The Secretary of State and the Secretary of Homeland Security may jointly decide to admit refugees on a case-by-case and exceptional basis.
  • Revoked Executive Order 14013 of February 4, 2021 (Rebuilding and Enhancing Programs To Resettle Refugees and Planning for the Impact of Climate Change on Migration), which ordered that the refugee program be rebuilt and that security vetting be more efficient and fair.

The executive order stops all refugee admissions, puts a pause on overseas processes that have already taken years, indefinitely delays family reunifications, and blocks any new applications or referrals from being filed with the refugee program.

When will the refugee program resume?

All overseas processing and refugee placement and resettlement to the United States are indefinitely suspended and will resume when the President determines that resumption “is in the interests of the United States.”

Does the executive order impact non-refugees?

Executive Order “Realigning the United States Refugee Admissions Program” does not explicitly impact other humanitarian protection pathways, including humanitarian parole, special immigrant visas, temporary protected status (TPS), asylum, or withholding of removal.

However, other executive orders may impact non-refugees.

  • Cubans, Haitians, Nicaraguans, and Venezuelans can no longer apply for temporary entry via the CHNV parole program.
  • Other nationalities may be blocked from applying for temporary entry on humanitarian grounds (e.g., Ukrainian nationals, Afghan nationals, and minors from Central America).
  • People who arrive at the U.S.-Mexico border to seek asylum must wait in Mexico while their asylum claims are adjudicated.
  • Non-U.S. citizens will not be granted entry into the United States across the U.S.-Mexico border, even if they are seeking entry for humanitarian purposes.
  • Cabinet members must review Temporary Protected Status (TPS) designations.
  •  

When do changes take effect?

While the executive order announced that the suspension of refugee admissions and processing should take effect on January 27, 2025, the Department of State implemented the order on January 21, 2025. Thousands of scheduled flights were cancelled, leaving refugees and refugee family members stuck in limbo and, for some, in dangerous conditions.

What remains uncertain?

Exceptions: The Secretary of State and the Secretary of Homeland Security may admit refugees on a case-by-case and exceptional basis. However, the process for requesting an exception is not provided.

State involvement: The Secretary of Homeland Security must determine how State and local jurisdictions can have greater involvement in refugee placement and resettlement. The Secretary has not determined how State and local jurisdictions will be involved.

Local consultation: The Secretary of State and the Secretary of Health and Human Services are directed to ensure that State and local consultation requirements are carried out. The Secretaries have not determined whether consultation processes will be modified.

What does the executive order mean for refugees in the United States?

The executive order does not directly impact refugees already in the United States. It does not revoke refugee status already granted. Nor does it affect eligibility for support and benefits through the Office of Refugee Resettlement (ORR) or federal mainstream benefits.

The executive order does not impact work authorization for refugees. Cabinet officials are ordered to review employment authorizations, but no announcements that impact refugee work authorization have been made.

How does the executive order impact organizations serving refugees?

The executive order does not directly impact support services for refugees in the United States. Reception and placement is indefinitely suspended, but resettlement organizations can continue to provide other services to refugees and eligible populations who are in the United States. USCRI will continue to serve refugees who are in the United States and other populations who are eligible to receive ORR benefits and services.

The executive order does not affect any specific refugee-related grants or funding. It also does not impact states’ ability to obligate or disburse funds for refugee services.

Are Afghans impacted by this executive order?

The indefinite suspension impacts all overseas refugees, regardless of nationality. Afghans who were being processed as refugees, including refugees in the Enduring Welcome (EW) program, are subject to the indefinite suspension.

The executive order does not directly affect travel plans for Afghan Special Immigrant Visa (SIV) holders or the Afghan SIV process.

Are Ukrainians impacted by this executive order?

The indefinite suspension impacts all overseas refugees, regardless of nationality. Ukrainians who were being processed as refugees are subject to the indefinite suspension.

The executive order does not directly suspend processing for Ukrainian nationals who are seeking temporary entry through parole or U.S.-based supporters applying to sponsor Ukrainian nationals through Uniting for Ukraine (U4U).

A thanksgiving to remember

November 13th 2024

On a crisp November 13th, the air in Sarasota was filled with warmth and gratitude as the NicerFL Ukrainian Support Group gathered for Thanksgiving at North Water Tower Park. Meeting at 11 AM, volunteers who had supported Ukrainian refugees since May 2022 mingled with participants, sharing laughter and stories. 

“Your help and support are invaluable! We are infinitely grateful to all of you for your participation in our lives!”

This year, the group was joined by two new families of Ukrainian refugees who had recently arrived and were eager to meet new friends. They looked forward to joining the Saturday sessions at the First United Methodist Church in Sarasota with their kids to receive free tutoring and mentoring. As the day unfolded, one participant expressed heartfelt thanks, saying, “Your help and support are invaluable! We are infinitely grateful to all of you for your participation in our lives!!” The atmosphere was filled with joy and connection as everyone celebrated the bonds they had formed and the hope for a brighter future.

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