“To be called a refugee is the opposite of an insult; it is a badge of strength, courage, and victory.”

Tennessee Office of Refugees

It is June 20th, which means today, we celebrate the courage, the strength, and perseverance of refugees worldwide. Today, we raise awareness on the plights refugees are still facing to this very day.

Every day, there are people around the world who are making the most challenging decision in their lives: leaving everything they know behind in search of a safe haven. (United Nations). However, the reasons and the means of leaving their homes are different from one group to another.

There are three major types of persons who are on the move – meaning they departed their countries for a better future: Refugees, Asylum Seekers, and Immigrants. Many use the terms interchangeably and there has been much debate concerning the use of such terms to describe people on the move. Thus, it is important to highlight the distinction between the three as they are legally different.

Refugees

Refugees are people who fled their homes or country because of a “well-founded fear of persecution because of his/her race, religion, nationality, membership in a particular social group, or political opinion.” (United Nations 1951 Refugee Convention). Refugees leave their countries when they are at high risk of serious human rights violation that threatens their safety and well being, and their government cannot and will not protect them from such risks. (Amnesty International). Such risks include wars, prosecution, or political upheaval. (Id.). Because of the serious danger they face, refugees are unable to return back home unless the conditions in their countries are safe again.

Although the definition seems clear enough to include many people, an official entity, such as a government or the United Nations Refugee Agency, is the one that determines who falls under the definition of a refugee, with limitations and specific requirements. (International Rescue Committee). For example, the United States does not recognize people who “have participated in war crimes and violations of humanitarian and human rights law, including the crime of terrorism, as refugees.” (Id.). Those who are granted refugee status, however, are protected under international laws and conventions. (UNHCR). But, the international protection granted to refugees does not only include physical safety. It also comprises “at least the same rights and basic help as any other foreigner who is a legal resident, including freedom of thought, of movement, and freedom from torture and degrading treatment.” (Id.).

The question remains, what are the options refugees have after fleeing their homes? The short answer is not many. Very few return back home when the conditions in their countries are safer, but that is often not the case. When the conditions remain unstable, refugees will usually remain in camps at another country. (IRC). However, many countries do not accept refugees permanently, leaving them with one last option: resettling in another country, such as the United States. Still, this option is only available to a “tiny fraction of the world’s refugees.” (Id.)

Resettlement in another country is mostly available to refugees “whose life, liberty, safety, health, or human rights are at risk in the country where they have sought refuge.” (Id.). Such a solution only becomes an option when there is no other way to grant refugees legal or physical security in their home country. Still, there are many restrictions accompany the existing hardships refugees face when seeking refuge in another country. For example, in the United States, applicants for refugee admission must first satisfy the definition of a “refugee” as outlined in section 101(a)(42) of the Immigration and Nationality Act (INA).

“The term “refugee” means (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 special circumstances as the President after appropriate consultation (as defined in section 1157(e) of this title) 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 Immigration and Nationality Act (INA).

Second, persons must be admissible under U.S. law. Under section 101(a)(42) of the INA, “[t]he 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.” (Id.) Third, persons must not be firmly resettled in any foreign country.

Still, the process of obtaining a refugee status remains very thorough and challenging, and even if a person meets the above criteria in the United States, it does not mean he/she will be granted automatic protection and admission in the U.S. (Id.) The determination process falls under the authority of the Department of State’s Bureau for Population, Refugees, and Migration (PRM), which oversees the U.S. Refugee Admissions Program through U.S. embassies worldwide. (Id.) The Department of State “develops application criteria and refugee admission levels and presents eligible cases for adjudication by officers of the United States Citizenship and Immigration Services (USCIS).” (IRC).

Once a person is deemed to have met the above criteria, he/she is then interviewed by USCIS officers to determine his/her eligibility for resettlement in the U.S. (USCIS) After passing the interview, refugees must undergo security and medical screening before USCIS’s officers approve of their refugee status application. (Id.) Upon completion of the screening and obtaining approval, “arrangements are made for his/her placement with a U.S. voluntary agency and travel to the U.S.” (Id.)

In addition to the long, thorough, and challenging process refugees undergo to resettle in the U.S., they also face the limited number of refugees allowed in the United States every year. The president consults with Congress and sets an annual target for refugee admissions. (U.S. Department of State) By law, this ceiling is “justified by humanitarian concern or otherwise in the national interest.” (Id.) The presidential determination is issued before the new fiscal year (FY) begins on Oct. 1. (Id.). Prior to the current administration, the “average annual refugee ceiling since the 1980 Refugee Act exceeded 95,000.” (IRC) The Trump administration proposed to cut the maximum number of refugees allowed into the country in the fiscal year 2020 to only 18,000 refugee allowed, which is the lowest number accepted in the States since the creation of the U.S. Refugee Admissions Program in 1980. (DOS)

Asylum Seekers

While undergoing the process of seeking refugee status to resettle in a different country, those persons remain known as asylum seekers. An asylum-seeker is “a person who has left their country and is seeking protection from persecution and serious human rights violations in another country, but who hasn’t yet been legally recognized as a refugee and is waiting to receive a decision on their asylum claim.” (Amnesty International)

Asylum seekers must apply for protection in the country of destination—meaning they must arrive at or cross a border in order to apply. (IRC) Then, they must be able to prove to authorities there that they meet the criteria to be covered by refugee protections. (Id.) However, it is important to keep in mind that not every asylum seeker will be recognized as a refugee. (Id.)

Determination for international protection remains in place for asylum seekers. However, during mass movements of refugees usually resulting from conflict or violence (for example, Syria civil war), “it is not always possible or necessary to conduct individual interviews with every asylum seeker who crosses a border.” (UNHCR) Asylum seekers of this type are often called “prima facie” refugees. (Id.)

Immigrants

Unlike asylum seekers and refugees, immigrants are not forced to leave their homes. Instead, “an immigrant is someone who makes a conscious decision to leave his/her home and move to a foreign country with the intention of settling there.” (IRC) Still, immigrants go through a lengthy vetting process to immigrate to a new country seeking lawful residency and citizenship. (Id.) The United States, have a legal process of granting immigrants a lawful permanent residency to remain in the country, and those who do not obtain such status are deemed “undocumented.”

The biggest distinction between immigrants and the other two groups, refugees and asylum seekers, remains that they are free to return home whenever they choose. However, it is important to understand that, just because immigrants do not flee dangerous conditions or might be facing the same life threats as refugees, they are still entitled to have all their human rights protected and respected, regardless of the reasons that made them leave their home country.

No matter the reason people seek to leave their homes, the right to a better and safe future should be granted to everyone, whether they are refugees, asylum seekers, or immigrants.

But today, we honor refugees worldwide. To all those brave refugees around the world who are battling all kinds of hardships: you are a true example of courage, strength, and perseverance. Here is a list of famous refugees through the ages who overcame serious challenges and still made a huge impact in the world.