President-elect Donald Trump has promised to halt refugees from coming to the US in his second time period — a promise that can largely be inside his energy as president to maintain.
Trump has mentioned he plans to “droop refugee admission, cease the resettlement, and preserve the terrorists the hell out of our nation” on his first day again in workplace. The principles for refugee admissions have been established by Congress, together with within the 1980 Refugee Act, but additionally through laws straight following World Conflict II. Subsequently, any effort to formally finish the refugee program would take an act of Congress. Nonetheless, the president has plenty of authority over refugee admissions — and Trump exercised that authority throughout his first time period.
It’s as much as the president to resolve what number of refugees will likely be allowed to enter the US in any given yr, and Trump considerably lowered the cap on refugee admissions throughout his first time period. Presidents may pause admissions, as President George W. Bush did within the wake of 9/11.
“Each president has used their powers to both broaden or contract as circumstances may match,” Eric Welsh of Reeves Immigration Legislation Group advised Vox. “It’s one thing that could be very, very vulnerable to his affect.”
Given how considerably Trump eroded the US’ refugee program throughout his first time period, it’s not unreasonable to worry that he would do much more injury this time round. Whereas there are technically authorized limits to how a lot Trump can do to dismantle the refugee program, there may be a lot the administration may do virtually to intestine it.
How does the US refugee system work?
Refugees are migrants hoping to flee threats and excessive circumstances of their residence nation to settle in a protected nation, on this case the US.
To be categorized as a refugee, migrants should undergo a vetting course of whereas they’re exterior the US. Potential refugees are sometimes first screened by the Workplace of the UN Excessive Commissioner for Refugees, after which by the US authorities. After they cross the vetting course of, they then obtain visas to return to the US, the place they’re assisted with fundamentals like discovering housing, getting kids enrolled at school, and signing up for presidency advantages by the US Refugee Admissions Program.
Refugees can work as soon as they’re within the US, and may apply for US citizenship after they have authorized standing within the US.
What did Trump do in his first time period?
The primary time he took workplace in 2017, Trump paused the refugee admissions for 3 months.
“The justification was to find out if [the US refugee program] was protected and safe due to alleged safety dangers,” Welsh mentioned. Trump additionally barred Syrians from the refugee resettlement program indefinitely; Syrians weren’t accepted once more till 2018.
“After which he kicked {that a} step additional with the Muslim ban, by particularly banning [refugee] candidates from sure nations” — Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen, Welsh mentioned. The Supreme Court docket allowed a model of that ban to face following greater than a yr of litigation.
Trump additionally tremendously diminished the general variety of refugees allowed into the US over the course of his first time period. For instance, Trump set a ceiling of solely 15,000 refugees for 2021; beneath Biden, that quantity has grown to 125,000 for this previous yr.
What else can Trump do to the refugee program in a second time period?
Given his first-term actions to restrict refugees, refugee advocates are involved Trump will go additional this subsequent time period — and there are a number of issues he may do to extend stress on the refugee program.
First, he has promised to freeze this system as he did his first time period, nevertheless it’s not clear for the way lengthy the method could be paused or what the justification could be. He may additionally institute one thing much like the 2017 journey ban, Welsh mentioned.
“The priority is, this time round — with 4 years to consider it — Trump would attempt to do [a travel ban] once more and do it higher, as a result of he has a lot authority on this enviornment,” Welsh advised Vox.
After all, Trump may additionally merely decrease the ceiling for what number of refugees are permitted into the US on a yearly foundation, as he did throughout his first time period.
There are administrative methods Trump and his authorities may hole out this system, too, Chris Opila, workers lawyer on the American Immigration Council, advised Vox.
“The Trump administration may elect to reallocate refugee officers to completely different duties, resembling asylum inside the USA, or credible worry proceedings on the border and form of pull adjudicative sources away,” Opila mentioned.
Below the earlier Trump administration, “with the [federal] resettlement businesses, a number of the adjustments brought about them to shut a few of their workplaces. And I feel that a few of what we are able to anticipate could be comparable when it comes to measures that sluggish processing and restrict the quantity of people that can are available,” Kathleen Bush-Joseph, an lawyer with the Migration Coverage Institute, advised Vox.
Finally, Welsh mentioned, Trump is unpredictable, and it’s unimaginable to say what he’ll or received’t do come January. But when his first time period is any indication, refugees hoping to return to the US may face an rising variety of obstacles to a protected future.