The United States has a rich history of providing refuge to people seeking protection from across the world. While this American tradition of welcoming persecuted people goes back hundreds of years with repeated waves of immigration, the formalization of the U.S. Refugee Admissions Program only came in 1980 with the Refugee Act. Since then, each September, the president sets an admissions target which establishes an annual refugee admissions goal for the country for the following fiscal year.
Here’s an overview of how the refugee cap functions and why it matters.
What is the refugee cap?
In the aftermath of the Vietnam War, a significant refugee crisis emerged as hundreds of thousands fled political turmoil and violence in Southeast Asia. In response, members of Congress united to draft the Refugee Act of 1980, a landmark bill that established a formal process for refugee resettlement in the United States. The legislation garnered near-unanimous bipartisan support and was promptly signed into law by President Jimmy Carter, codifying obligations the U.S. agreed to when it ratified the 1951 Refugee Convention and its 1967 Protocol that had been drafted in the wake of the horrors of World War II.
The Refugee Act represented a substantial transformation in the U.S. approach to refugee admissions. It established the United States Refugee Admissions Program (USRAP), defined the legal status of a refugee, and created the Office of Refugee Resettlement (ORR). Additionally, it introduced an annual refugee ceiling, or refugee cap, setting a limit on the number of refugees admitted into the U.S. each fiscal year.
However, this refugee ceiling does not always correlate with the actual number of refugees resettled in any given year. Instead, it serves more as a target and helps guide the allocation of federal resources dedicated to refugee resettlement.
Who sets the refugee cap?
The refugee cap is established every year by a Presidential Determination, announced by the president before the end of September, which marks the end of the federal fiscal year. Before the cap is set, the administration reviews the refugee situation worldwide and consults with Congress on its proposed worldwide admissions target and regional allocations.
Refugees cannot be resettled in the U.S. until the President's determination for the fiscal year has been signed.
How have the refugee cap and refugee resettlement changed over time?
The refugee cap has varied over time in response to shifting global contexts and domestic priorities. Although the number of admitted refugees has generally approached the set limit, there have been notable exceptions. For instance, following the September 11th terrorist attacks, the Bush administration temporarily halted refugee resettlement, citing national security concerns.
From 2016 to 2020, the Trump administration set historic lows for refugee admission targets, which greatly reduced the resources and capacity of the USRAP. When President Biden assumed office in 2021, he inherited a USRAP that had been decimated and would take years to rebuild and, eventually, strengthen and improve.
Why does the refugee cap matter?
The refugee cap represents far more than just a number; it serves as a public affirmation of the United States' commitment to supporting refugees globally. Each presidential administration, when determining this ceiling, is signaling its solidarity with countries hosting the vast majority of the world’s refugees, such as Turkey, Pakistan, and Colombia.
As of the end of 2023, there are a record-high 120 million forcibly displaced people around the world. In the context of this unprecedented humanitarian crisis, it’s more important than ever that the U.S. continues its long tradition of providing a safe refuge to the world’s most vulnerable.
How can I help refugees?
The United States has a long and storied tradition of providing a safe refuge for the world’s most vulnerable and everyone, from lawmakers to local communities, can help continue this legacy.
Learn more about what you can do to help refugees in your community and worldwide.