Description of Issue
North Korea is one of the United States’ toughest adversaries. The nation’s continuous nuclear development and human rights controversies have raised alarms for protecting global peace. Ruled by an authoritarian dictatorship, North Korea restricts both the physical and digital contact of its people with the outside world. Nevertheless, thousands of North Koreans leave the country illegally to escape from surveillance and oppression. Most of those defectors resettle in South Korea, as they share a common ethnicity and language. However, Congress also facilitates the entry of North Koreans into the U.S. as refugees to provide new educational and economic opportunities.
Description of Legislation
The Immigration and Nationality Act (INA) is a federal law that governs immigration and naturalization in the United States. It was first enacted in 1952 and has been amended numerous times. In 1965, the INA abolished the national origins quota system, which diversified the racial and ethnic makeup of the U.S. by expanding immigration from Asian and Latin American countries. While the INA does not explicitly mention North Koreans, Sections 207 and 208 provide a broad framework for the admission of refugees and asylees.
Section 207 [8 U.S.C. 1157] of the INA, titled ‘Annual admission of refugees and admission of emergency situation refugees,’ outlines procedures and criteria for accepting refugees. As per INA Section 101 [8 USC 1101], refugees cannot return to their home country due to a “well-founded fear of persecution” based on race, religion, nationality, membership in a particular social group, or political opinion. In consultation with Congress, the President determines annually the maximum number of refugees that may resettle in the United States. Refugees can obtain humanitarian assistance through the U.S. Refugee Admissions Program (USRAP), including housing, healthcare, education services, and financial support.
Section 208 [8 U.S.C. 1158] of the INA, titled ‘Asylum,’ allows individuals who are already present in the U.S. or arrive in the U.S. to apply for asylum if they meet the refugee eligibility criteria. Given the extensive process for determining refugee status, asylum seekers receive certain protections before they are officially recognized as refugees. This includes the ability to seek employment in the U.S. and travel abroad with prior consent of the Attorney General. However, if asylees are no longer eligible for refugee status or commit a serious crime, their right to stay may be terminated. In that case, the individual may get deported to another country where their life or freedom would not be threatened.
Arguments in favor
Demonstrates global leadership
Sections 207 and 208 of the INA illustrate the U.S.’ commitment to providing humanitarian aid to individuals fleeing persecution, violence, and other forms of harm in their home countries. Proponents assert that welcoming refugees is foundational to the U.S.’ national identity as a nation founded by those escaping religious persecution. By coordinating the world’s most extensive refugee resettlement program, the U.S. sets a model for other countries to also contribute to alleviating global humanitarian crises.
Human rights activists argue that North Korea is an authoritarian regime that restricts all civil and political liberties for its citizens, and defectors should be protected under the INA. It is widely perceived that the North Korean government routinely uses torture, forced labor, and executions to maintain fear and control. In accepting North Korean refugees, the U.S. offers safety to some of the world’s most vulnerable populations.
Flexible refugee resettlement ceiling
Section 207 enables the current administration to determine the maximum number of refugees admitted to the U.S. yearly based on various humanitarian concerns, international obligations, and national interests. Notably, after President Trump’s election, he reduced the refugee resettlement ceiling to a historic low of 18,000 in 2020 to protect American jobs during the COVID-19 pandemic. Upon President Biden’s election, he raised the cap to 62,500 in 2021 and to 125,000 in 2022.
Collaborative consultation process
The Citizenship and Immigration Services (USCIS) under the Department of Homeland Security (DHS) utilizes the resources of several other national security agencies, including the National Counterterrorism Center, FBI, and Department of Defense, to approve refugees. A thorough consultation among multiple agencies helps ensure admission decisions are made responsibly to promote national interests.
Non-refoulement obligations
The Principle of Non-refoulment under International Human Rights Law prohibits returning individuals to countries where they would face torture, cruel treatment, or other irreparable harm. In particular, the United Nations officially classifies North Koreans as “refugees sur place,” meaning that any nation that deports North Koreans violates the 1951 U.N. Refugee Convention and the U.N. Convention Against Torture. The INA affirms the U.S.’ commitment to meet global human rights standards by protecting refugees.
Arguments against
Numerical limitations
Among over 108 million people forcibly displaced worldwide, the U.S. only admits a small fraction of them by setting an annual limit. Some advocate that the cap should increase to reflect the growing number of refugees. This would require a significant revision to Section 207 by preventing the presiding administration from changing the refugee admissions ceiling yearly and determining a higher quota permanently or removing the quota completely.
Despite the difficulty of escaping North Korea, tens of thousands of defectors are hiding in China, approximately 34,000 live in South Korea, and at least 2,000 have reached Europe and other Asian countries. However, the U.S. has only accepted around 200 North Korean refugees over the past two decades. Opponents of the fluid admissions ceiling believe that removing it could create stability and encourage the U.S. to accept more refugees.
Infrastructural limitations
In recent years, the Biden Administration has struggled to admit more refugees due to slow processing and the ongoing effects of the COVID-19 pandemic. Since 2017, 134 resettlement sites nationwide have been forced to close due to funding cuts during the Trump Administration, leading to a 38% decrease in resettlement capacity. Agencies are hesitant to reopen offices and stretch their resources, only for resettlement caps to get slashed by the next administration. Additionally, the health risks of COVID-19 have disrupted in-person interviews for asylees since March 2020. While the Biden Administration has initiated some interviews using virtual teleconference (V-Tel) software, it has not adequately expanded its capacity. In 2023, the U.S. only admitted approximately 60,000 refugees out of 125,000 allocated spots.
Complex adjudication process
The refugee adjudication process can be lengthy and complex, delaying assistance to people in urgent need. The USCIS conducts rigorous interviews to determine whether an individual satisfies refugee status. Refugees must also pass extensive background checks and medical screenings. On average, it takes nearly two years for refugees to be admitted to the U.S. By contrast, the resettlement process for North Korean defectors in South Korea begins almost immediately, and they are automatically granted citizenship.
Potential security concerns
Despite strict screening measures, other critics are concerned about the potential security risks of the refugee admissions system. They argue that the process may not sufficiently prevent people with malicious intentions from entering the U.S. Out of over three million refugees who have entered the U.S., a handful have been implicated in terrorist plots. Of 192 foreign-born terrorists who committed attacks in the U.S. between 1975 and 2017, 25 were refugees. Of those attacks, three proved deadly, which occurred before the INA tightened its screening procedures in 1980.
Notably, in September 2017, the Trump Administration suspended the entry of North Koreans into the U.S., citing the country’s “provocative, destabilizing, and repressive actions and policies.” This executive order followed the death of an American student, Otto Warmbier, who was detained in North Korea and returned to the U.S. in a vegetative state.
In January 2018, the Trump Administration resumed accepting refugees from North Korea and ten other “high-risk” countries. Nevertheless, refugees from these countries are subject to stricter background checks from U.S. screeners. Given that American standards for accepting refugees are already considered some of the toughest in the world, critics view the additional screening measures as part of a broader goal to restrict all forms of immigration from “high-risk” countries.
Conclusion
While Sections 207 and 208 of the INA serve as crucial mechanisms for providing refuge to vulnerable groups, they face critical challenges and limitations. Supporters of refugee admissions find it imperative for the U.S. to establish an efficient and just immigration system, especially for individuals who need shelter immediately, including those escaping North Korea. They claim that U.S. security measures against the North Korean regime should not target the people who are fleeing from the exact danger and remind us that government actions do not necessarily represent the masses.
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