The Forty Year Crisis: A Legislative History of the Refugee Act of 1980
Anker, Deborah E. & Posner, Michael H.
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- 2021East Bay Sanctuary Covenant v. Merrick Garland 9th Cir.
- 2020East Bay Sanctuary Covenant v. William Barr 9th Cir.
- 2017Bringas-Rodriguez v. Sessions 9th Cir.
- 1987Immigration & Naturalization Service v. Cardoza-Fonseca U.S.
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Abstract
This Article analyzes the legal responses of the United States to issues of refugee and asylum policy in the post-World War II period that culminates in the enactment of the 1980 Refugee Act. The article describes the consensus for a humanitarian, nondiscriminatory policy that led to the passage of the Refugee Act. This legislative history demonstrates the effort to develop a coherent and flexible refugee admission policy and to create statutory mechanisms to mediate the conflict between the executive and legislative branches over the control and standards for refugee admissions. The article evaluates the implementation of the Refugee Act, proposals by recent administrators for reform, and offers a series of recommendations for future refugee and asylum policy.