Federal Authority
The United States Refugee Resettlement Program (RRP) is mandated pursuant to the Immigration and Nationality Act (INA) § 411 et seq. [8 United States Code (USC) § 5121 et seq.], incorporating Pub. Law 96-212, as amended. Applicable regulations are found at 45 Code of Federal Regulations (CFR), Part 400.
The definition of the term "refugee" is found at INA § 101(a)(42), and reads:
(A) 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, or
(B) In such circumstances as the President after appropriate consultation (as defined in section 207(e) of this Act) may specify, any person who is within the country of such person's nationality or, in the case of a person having no nationality, within the country in which such person is habitually residing, and who is persecuted or who has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.
The term "refugee" does not include any person who ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion. For purposes of determinations under this Act, a person who has been forced to abort a pregnancy or to undergo involuntary sterilization, or who has been persecuted for failure or refusal to undergo such a procedure or for other resistance to a coercive population control program, shall be deemed to have been persecuted on account of political opinion, and a person who has a well-founded fear that he or she will be forced to undergo such a procedure or subject to persecution for such failure, refusal, or resistance shall be deemed to have a well-founded fear of persecution on account of political opinion.
The admission of refugees into the United States is prescribed at INA § 207. Applicable regulations are found at 8 CFR § 207.
The granting of asylum to refugees in the United States is prescribed at INA § 208. Applicable regulations are set forth in 8 CFR § 208.
The adjustment of status of refugees for lawful permanent residence in the United States is provided for at INA § 209. Applicable regulations are found at 8 CFR § 209.