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Despite playing an active role in the drafting of the [[Convention on the Rights of the Child]], the United States has yet to ratify the treaty, making it the only nation in the UN that is not party to it.<ref>{{Cite web|url=https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-11&chapter=4&lang=en|title=United Nations Treaty Collection|language=EN|access-date=2018-05-10}}</ref>
 
AlthoughRefugee thestatus aftermathfirst ofemerged Worldas Wara IIlegal broughtcategory forthin athe refugeeUnited crisis,States in the large1940s, influxresponding andto resettlementan influx of IndochineseEastern refugeesEuropeans ledfleeing Communism. In response to thethis passageinflux, ofCongress theestablished [[Refugeerefugee Act|''Refugeemigration Act''as of"distinct 1980]].and Thisseparate lawfrom general immigration admissions" incorporatedupon the Internationalrecommendation Convention'sfrom definitionsthe ofHouse aCommittee refugeeon intoPostwar U.S. lawImmigration.<ref>{{citeCite webjournal|last=ANKER|first=DEBORAH|date=1983|title=AnThe OverviewDevelopment of U.S. Refugee Law and PolicyLegislation|url=https://www.americanimmigrationcounciljstor.org/researchstable/overview-us-refugee-law-and-policy23141064|websitejournal=AmericanIn ImmigrationDefense Council|access-date=23of Februarythe 2017Alien|volume=6|pages=159–166|issn=0275-634X}}</ref> InThe doingCommittee so, it codified into US lawargued that athe refugeeright wasto anseek individualasylum withbe amade "well-foundedan fearexplicit of being persecuted for reasonspart of race,United religion,States nationality,immigration membership in a particular social group or political opinionpolicy."<ref>{{Cite journal|last=ANKER|first=DEBORAH|date=1983|title=The Development of U.S. Refugee Legislation|url=https://www.jstor.org/stable/23141064|journal=In Defense of the Alien|volume=6|pages=159–166|issn=0275-634X}}</ref> The law also created the legal basis for the admission of refugees into the U.S. An important aspect of this law is how an individual goes about applying for status. A person may meet the definition of refugee but may not be granted refugee status. If the individual is inside of the U.S. with a different status or no status, they are granted the status of asylee but not refugee.
 
Although the aftermath of World War II brought forth a refugee crisis, the large influx and resettlement of Indochinese refugees led to the passage of the [[Refugee Act|''Refugee Act'' of 1980]]. This law incorporated the International Convention's definitions of a refugee into U.S. law.<ref>{{cite web|title=An Overview of U.S. Refugee Law and Policy|url=https://www.americanimmigrationcouncil.org/research/overview-us-refugee-law-and-policy|website=American Immigration Council|access-date=23 February 2017}}</ref> In doing so, it codified into US law that a refugee was an individual with a "well-founded fear of being persecuted for reasons of race, religion, nationality, membership in a particular social group or political opinion."<ref>{{Cite journal|last=ANKER|first=DEBORAH|date=1983|title=The Development of U.S. Refugee Legislation|url=https://www.jstor.org/stable/23141064|journal=In Defense of the Alien|volume=6|pages=159–166|issn=0275-634X}}</ref> Furthermore, ratifying this Convention meant the elimination of previous "ideological and geographical discriminations" against refugee and asylum seekers.<ref>{{Cite journal|last=ANKER|first=DEBORAH|date=1983|title=The Development of U.S. Refugee Legislation|url=https://www.jstor.org/stable/23141064|journal=In Defense of the Alien|volume=6|pages=159–166|issn=0275-634X}}</ref> These discriminations were a result of previous US refugee law, which had served mainly as a tool for foreign policy agendas. The law also created the legal basis for the admission of refugees into the U.S. The Refugee Act of 1980 was the first time the United States created an objective decision-making process for asylum and refugee status. This included a joint system between Congress and the Presidency, in which both branches would collaborate to establish annual quotas and determine which national groups would receive prioritized consideration for refugee status. In doing so, the US shifted away from a relatively reactionary system, in which refugee laws were only passed in response to political changes in the international community, primarily the spread of Communism. Instead, under the Refugee Act of 1980, the US established a comprehensive framework for addressing refugee crises preemptively. This framework was built on emerging ideals of "humanitarianism."<ref>{{Cite journal|last=ANKER|first=DEBORAH|date=1983|title=The Development of U.S. Refugee Legislation|url=https://www.jstor.org/stable/23141064|journal=In Defense of the Alien|volume=6|pages=159–166|issn=0275-634X}}</ref> An important aspect of this law is how an individual goes about applying for status. A person may meet the definition of refugee but may not be granted refugee status. If the individual is inside of the U.S. with a different status or no status, they are granted the status of asylee but not refugee.
 
In order to be considered a refugee in the U.S., an individual must:
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The first step of being granted this status is to receive a referral to the U.S. Refugee Admissions Program (USRAP). The person is allowed to include their spouse, child, or other family members (only in specific circumstances) when applying for refugee status. After the person is referred, a U.S. Citizenship and Immigration Services officer located abroad will conduct an interview to determine refugee resettlement eligibility inside the US.<ref name=USCIS>{{cite web|title=Refugees|url=https://www.uscis.gov/humanitarian/refugees-asylum/refugees|website=U.S. Citizenship and Immigration Services|access-date=2 April 2017}}</ref> If the person is approved as a refugee, they will then be provided with many forms of assistance. These include a loan for travel, advice for travel, a medical exam, and a culture orientation.<ref name=USCIS /> After the refugee is resettled, they are eligible for medical and cash assistance. The [[Office of Refugee Resettlement]] has a program called the Cash and Medical Assistance Program which completely reimburses the assistance in which states provide refugees.<ref name="auto">{{cite web|title=About Cash & Medical Assistance|url=https://www.acf.hhs.gov/orr/programs/cma/about|website=Office of Refugee Resettlement|publisher=U.S. Department of Health & Human Services|access-date=2 April 2017}}</ref> The refugee is eligible for this cash and medical assistance up to eight months after their arrival date.<ref name="auto"/>
 
In the United States, refugees are subject to annual quotas, which are determined by a joint collaboration between the incumbent Presidential administration and Congress. In addition to establishing the annual quota, Congress and the President determine which national groups are of special humanitarian concern to the US. <ref>{{Cite journal|last=ANKER|first=DEBORAH|date=1983|title=The Development of U.S. Refugee Legislation|url=https://www.jstor.org/stable/23141064|journal=In Defense of the Alien|volume=6|pages=159–166|issn=0275-634X}}</ref> Since ratifying the 1980 Refugee Act, the United States has admitted over 3.1 million refugees from around the world, many of who were permanently resettled in the US. <ref>{{Cite web|title=Refugee Admissions|url=https://www.state.gov/refugee-admissions/|access-date=2021-12-18|website=United States Department of State|language=en-US}}</ref> Prior to the Trump Administration, the United States was the global leader in admitting refugees and offered refugee status to more individuals than the rest of the world altogether. <ref>{{Cite web|date=2015-11-18|title=An Overview of U.S. Refugee Law and Policy|url=https://www.americanimmigrationcouncil.org/research/overview-us-refugee-law-and-policy|access-date=2021-12-18|website=American Immigration Council|language=en}}</ref> Under the Trump administration, refugee immigration laws faced many challenges and setbacks, as administration officials sought to rollback immigration laws and decrease the annual number of refugees admitted. Challenges to refugee law included contesting practices of non-refoulement, which has been a long-standing principle of the US immigration system.<ref>{{Cite web|title=Non-Refoulement under the Trump Administration {{!}} ASIL|url=https://www.asil.org/insights/volume/23/issue/11/non-refoulement-under-trump-administration|access-date=2021-12-18|website=www.asil.org|language=en}}</ref> Attempts to reverse Trump-era policies have been a focus of the subsequent Biden presidential administration. In 2021, it was announced that Biden administration would raise the refugee cap from 15,000 individuals to 62,500 individuals. <ref>{{Cite web|date=2021-05-03|title=Biden raises US refugee admissions cap to 62,500 after delay sparks anger|url=http://www.theguardian.com/world/2021/may/03/biden-refugee-cap-us-immigration|access-date=2021-12-18|website=the Guardian|language=en}}</ref>
 
== Refugee status determination ==