Refugee Act 1980 (US)

Summary

Incorporated the 1951 Refugee Convention definition of refugee into US law and created the modern US asylum system. Establishes both refugee admissions (overseas) and asylum (in-country) processes. The 'material support' bar under §1182(a)(3)(B) has been applied to exclude Tamil asylum seekers with any LTTE association, creating a significant tension with refugee protection obligations.

Relevance to the diaspora

Tamil refugees who were coerced by the LTTE to provide support (food, labour, payments) have been denied asylum under the material support bar; BIA and circuit court decisions have partially addressed this through a 'duress' exception, but protection remains inconsistent.

Key provisions

• 8 USC §1158 — asylum application process
• 8 USC §1101(a)(42) — definition of refugee (1951 Convention definition)
• 8 USC §1182(a)(3)(B) — terrorism-related inadmissibility bar (material support)
• Matter of S-K-, 23 I&N Dec. 936 (BIA 2006) — material support applied to LTTE fundraising

Primary source

Related entries

• → Convention Relating to the Status of Refugees 1951 and Protocol 1967 (UN)
• → 8 U.S.C. § 1189 — Foreign Terrorist Organisation Designation (US)