Quota Laws: Do They Apply To Refugees?

The topic of whether quota laws apply to refugees is complex and varies by country and region. In the United States, for example, refugee laws have a long history dating back to the early 20th century, with significant changes occurring after World War II and the Holocaust. On the other hand, countries like Finland and New Zealand have established annual refugee quotas, with New Zealand being one of 37 countries participating in the United Nations High Commissioner for Refugees (UNHCR) resettlement program. These quotas are regularly reviewed to align with global resettlement needs, and they offer Permanent Resident Visas to those who are resettled under the program.

The US and international refugee laws

The US has long been a leader in refugee resettlement, but the number accepted has dropped dramatically in recent years. The US Refugee Admissions Program (USRAP) is based on the United Nations 1951 Convention and 1967 Protocols relating to the Status of Refugees, which the US became a party to in 1968. The US adopted key provisions of the Refugee Convention into its immigration law with the Refugee Act of 1980, which also incorporated the Convention's definition of a refugee.

Under US law, a refugee is someone who is:

• Located outside the United States.
• Of special humanitarian concern to the United States.
• Able to demonstrate they were persecuted or fear persecution due to race, religion, nationality, political opinion, or membership in a particular social group.
• Not firmly resettled in another country.
• Admissible to the United States.

The US President, in consultation with Congress, determines the numerical ceiling for refugee admissions each year. The State Department and Department of Homeland Security (DHS) are the primary agencies that assess the viability of different refugee populations for admission, as well as the capacity of US officials to process them. The USRAP has three priority categories through which individuals can seek access:

• Priority One: Individuals with compelling protection needs or those for whom no other durable solution exists. These individuals are referred to the US by the United Nations High Commissioner for Refugees (UNHCR), or they are identified by a US embassy or a non-governmental organization (NGO).
• Priority Two: Groups of "special concern" to the US, selected by the Department of State with input from US Citizenship and Immigration Services (USCIS), UNHCR, and designated NGOs.
• Priority Three: The relatives (parents, spouses, or unmarried children under 21) of refugees already settled in the US.

The USRAP is a reflection of the country's history as a nation welcoming of immigrants and serves as a beacon of hope for persecuted people worldwide. It is also a powerful tool for advancing US foreign policy interests and national security objectives, including promoting safe, orderly, and humane lawful immigration.

On an international level, the UNHCR establishes formal annual quotas for the resettlement of particular refugees. The UNHCR conducts an initial screening to determine if an individual seeking refugee status qualifies as a refugee under international law and then identifies an appropriate "durable solution" for that individual: voluntary repatriation, local integration, or resettlement.

The UNHCR Refugee Quota

The UNHCR, or the United Nations High Commissioner for Refugees, defines refugee resettlement as the selection and transfer of refugees from a state in which they have sought protection to a third state that has agreed to admit them as refugees with permanent residence status. The third state ensures protection and provides the refugee and their family or dependents with access to civil, political, economic, social and cultural rights similar to those enjoyed by its own citizens.

Finland also has a similar refugee quota system. Each year, the Finnish Parliament decides how many quota refugees the country commits to receiving. In 2024, Finland's refugee quota is 500 persons, including 50 emergency cases. Finland does not ask the UNHCR to propose specific individuals as quota refugees, but the UNHCR decides which refugees need the most help and proposes them for resettlement in Finland as part of the refugee quota.

Sweden has also devoted a part of its national refugee resettlement programme to the UNHCR's Priority Global Quota, offering resettlement places for refugees worldwide who are most in need.

Refugee resettlement in the US

The United States has long been a leader in the resettlement of refugees, offering refuge to more people than all other nations combined. The US Refugee Admissions Program (USRAP) provides a pathway for resettlement under the Immigration and Nationality Act (INA). The INA defines a refugee as an individual who is outside their country of nationality or habitual residence and is unable or unwilling to return or avail themselves of the protection of that country due to persecution or a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion. This definition is based on the United Nations 1951 Convention and 1967 Protocols relating to refugee status, to which the US became a party in 1968.

The USRAP reflects the country's history of welcoming immigrants and serves as a beacon of hope for persecuted people worldwide. It is a vital foreign policy tool that advances US interests and national security objectives, promotes safe and humane immigration, and demonstrates responsibility-sharing with affected countries. The Departments of Homeland Security (DHS), State, and Health and Human Services (HHS) collaborate to uphold America's humanitarian response to refugees through the US Resettlement Program (USRP).

The resettlement process in the US involves several steps to ensure a safe and smooth transition for refugees. Firstly, the United Nations High Commissioner for Refugees (UNHCR) conducts an initial screening to determine if an individual qualifies as a refugee under international law and identifies the most suitable durable solution, which could be voluntary repatriation, local integration, or resettlement. Refugees in need of resettlement are referred to one of nine US Department of State Resettlement Support Centers (RSCs) worldwide for further screening and processing.

Once a refugee is identified for resettlement in the US, organisations like Global Refuge work with resettlement agency peers to determine the best city and partner for each case. They consider factors such as the refugee's country of origin, language, family ties, and any special needs. At the airport, refugees are greeted by staff and taken to prepared accommodations with basic amenities and culturally familiar foods. Case managers then support the refugees in navigating their new community, enrolling in language classes, accessing community resources, and finding employment to achieve self-sufficiency.

The State Department's Reception and Placement Program provides initial financial support for rent, furnishings, food, and clothing for 90 days. The Office of Refugee Resettlement (ORR) at HHS offers longer-term assistance, including cash, medical aid, case management, English classes, and job readiness services. ORR also supports additional programs beyond the first eight months, such as micro-enterprise development and services for survivors of torture. One year after resettlement, refugees can apply for Lawful Permanent Resident (LPR) status and may petition for naturalisation after five years in the country.

Refugee resettlement in Finland

The United Nations High Commissioner for Refugees (UNHCR) first determines whether an individual is a refugee. The UNHCR then submits a list of persons to the Finnish authorities, who select the quota refugees to be admitted to Finland. The Finnish Immigration Service makes the final decision on granting residence permits for quota refugees. Refugees who have been granted asylum or have arrived as quota refugees are considered to be receiving international protection.

The number of refugees Finland accepts each year is decided by the Parliament when approving the annual Budget. The refugee quota has varied over the years, ranging from 750 to 1,500 persons per year. Finland's refugee quota for 2024 is 500 persons, with 50 spots reserved for emergency cases.

The International Organization for Migration (IOM) handles the logistical steps of refugee resettlement, including travel arrangements and health assessments. Upon arrival in Finland, the Finnish Red Cross provides quota refugees with arrival assistance. The refugees are then resettled directly in Finnish municipalities, with the Centres for Economic Development, Transport and the Environment (ELY Centres) directing them to their respective municipalities.

Refugee resettlement in New Zealand

New Zealand has two main pathways for refugees to gain protection in the country. Asylum seekers may seek protection after arrival in New Zealand, either as refugees or protected persons. Refugees may also be resettled from offshore through the New Zealand Refugee Quota Programme. The latter is an agreement with the United Nations High Commissioner for Refugees (UNHCR) to resettle 1,500 refugees each year. These refugees are assessed by the UNHCR as having a high need for protection and are referred to New Zealand based on regional allocations decided every three years. The quota is set every three years, with the next decision due in July 2025.

New Zealand is one of the few countries in the world that receives more quota refugees than asylum applications. The resettlement process is primarily managed by Immigration New Zealand, which contracts out settlement services to community organisations, including the New Zealand Red Cross.

Refugees who are resettled in New Zealand are granted permanent residency and may apply for citizenship. They arrive in Auckland in groups of about 180 and stay for the first six weeks at the Mangere Refugee Resettlement Centre, where they are offered a programme of residential and employment orientation. They then move on to one of the seven major resettlement areas: Auckland, Hamilton, Palmerston North, Wellington, Nelson, Christchurch, and Dunedin. Five more regions – Levin, Masterton, Blenheim, Timaru, and Ashburton – were added as resettlement locations in 2020 to accommodate the increased refugee quota.

The New Zealand Refugee Resettlement Strategy has five settlement outcomes:

• Participation and Inclusion: Former refugees and their families are welcomed and have a strong sense of belonging and acceptance in their communities and in New Zealand. They feel confident and safe to participate in different aspects of their lives.
• Health and Wellbeing: Former refugees and their families achieve their health and wellbeing goals and thrive in their lives.
• Housing: Former refugees and their families live in homes and in communities that meet their long-term needs and goals.
• Education, Training and English Language: Former refugees and their families achieve their education, training and English language goals.
• Employment and Self-Sufficiency: Former refugees and their families achieve their employment and self-sufficiency goals, building on their skills and experiences.

In addition to the annual quota, New Zealand has a Community Organisation Refugee Sponsorship (CORS) category pilot, which enables New Zealand-based community organisations to sponsor refugees for resettlement. The CORS scheme is separate from the annual Refugee Quota Programme and is intended to promote community involvement and inclusion. In 2018, four approved community organisation sponsors settled 24 sponsored refugees. In 2020, the Government agreed to extend the CORS category pilot for a further three years from 1 July 2021, allowing up to 50 sponsored refugees to be resettled in New Zealand each year.

Frequently asked questions