8 U.S.C. § 1521

Office of Refugee Resettlement; establishment; appointment of Director; functions

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(a) There is established, within the Department of Health and Human Services, an office to be known as the Office of Refugee Resettlement (hereinafter in this subchapter referred to as the “Office”). The head of the Office shall be a Director (hereinafter in this subchapter referred to as the “Director”), to be appointed by the Secretary of Health and Human Services (hereinafter in this subchapter referred to as the “Secretary”).(b) The function of the Office and its Director is to fund and administer (directly or through arrangements with other Federal agencies), in consultation with the Secretary of State, programs of the Federal Government under this subchapter.(June 27, 1952, ch. 477, title IV, ch. 2, § 411, as added Pub. L. 96–212, title III, § 311(a)(2), Mar. 17, 1980, 94 Stat. 110; amended Pub. L. 103–236, title I, § 162(n)(1), Apr. 30, 1994, 108 Stat. 409.)Editorial NotesAmendments

1994—Subsec. (b). Pub. L. 103–236 substituted “the Secretary of State” for “and under the general policy guidance of the United States Coordinator for Refugee Affairs (hereinafter in this subchapter referred to as the ‘Coordinator’)”.

Statutory Notes and Related SubsidiariesEffective Date of 1994 Amendment

Amendment by Pub. L. 103–236 applicable with respect to officials, offices, and bureaus of Department of State when executive orders, regulations, or departmental directives implementing the amendments by sections 161 and 162 of Pub. L. 103–236 become effective, or 90 days after Apr. 30, 1994, whichever comes earlier, see section 161(b) of Pub. L. 103–236, as amended, set out as a note under section 2651a of Title 22, Foreign Relations and Intercourse.

Effective Date

Subchapter applicable with respect to fiscal years beginning on or after Oct. 1, 1979, see section 313 of Pub. L. 96–212, set out as a note under section 1522 of this title.

Short Title of Refugee Act of 1980

For short title of Refugee Act of 1980, see Short Title of 1980 Amendment note set out under section 1101 of this title.

References to Secretary of Education or Secretary of Department of Health and Human Services

Pub. L. 96–212, title II, § 204(e), Mar. 17, 1980, 94 Stat. 109, provided that: “Any reference in this Act [see Short Title of 1980 Amendment note set out under section 1101 of this title] or in chapter 2 of title IV of the Immigration and Nationality Act [this subchapter] to the Secretary of Education or the Secretary of Health and Human Services or to the Department of Health and Human Services shall be deemed, before the effective date of the Department of Education Organization Act [see Effective Date note set out under section 3401 of Title 20, Education], to be a reference to the Secretary of Health, Education, and Welfare or to the Department of Health, Education, and Welfare, respectively.”

Congressional Declaration of Policies and Objectives

Pub. L. 96–212, title I, § 101, Mar. 17, 1980, 94 Stat. 102, provided that:“(a) the Congress declares that it is the historic policy of the United States to respond to the urgent needs of persons subject to persecution in their homelands, including, where appropriate, humanitarian assistance for their care and maintenance in asylum areas, efforts to promote opportunities for resettlement or voluntary repatriation, aid for necessary transportation and processing, admission to this country of refugees of special humanitarian concern to the United States, and transitional assistance to refugees in the United States. The Congress further declares that it is the policy of the United States to encourage all nations to provide assistance and resettlement opportunities to refugees to the fullest extent possible.“(b) The objectives of this Act [see Short Title of 1980 Amendment note set out under section 1101 of this title] are to provide a permanent and systematic procedure for the admission to this country of refugees of special humanitarian concern to the United States, and to provide comprehensive and uniform provisions for the effective resettlement and absorption of those refugees who are admitted.”

Notes of Decisions

Cited in 26 cases (2 in the last 5 years), 1982–2026 · leading case: Negusie v. Holder, 555 U.S. 511 (2009).

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Negusie v. Holder, 555 U.S. 511 (2009). · cites it 3× “102 , note following 8 U. S. C. §1521 . In 1996, when Congress reenacted the statutory text, it retained the persecution bar’s broad language while again restricting other sections to voluntary conduct.”

State of Tenn. v. United States Dep't of State, 931 F.3d 499 (6th Cir. 2019). “1 8 U.S.C. § 1521 (a). ORR administers the Refugee Resettlement Program.”

Espectacion Bolanos-Hernandez v. Immigr. & Naturalization Serv., 767 F.2d 1277 (9th Cir. 1985). “101, 102 (codified as Congressional Declaration of Poli *1281 ties and Objectives, at 8 U.S.C. § 1521 note (1982)). The second quotation is from the legislative history of the Act.”

Alberto Damaize-Job v. Immigr. & Naturalization Serv., 787 F.2d 1332 (9th Cir. 1986). “101, 102 (codified as Congressional Declaration of Policies and Objectives, at 8 U.S.C. § 1521 note (1982)) (emphasis added).”

Exodus Refugee Immigr., Inc. v. Pence, 165 F. Supp. 3d 718 (S.D. Ind. 2016). “See 8 U.S.C. § 1521 . Additionally, within the Depart *725 ment of State, the Bureau of Population, Refugees, and Migration (“PRM”) is responsible for determining which refugees are eligible for resettlement.”

Crosby Wilfredo Orantes-Hernandez v. Richard Thornburgh, 919 F.2d 549 (9th Cir. 1990). “102 (codified as Congressional Declaration of Policies and Objectives at 8 U.S.C. § 1521 note (1988)). 7 . See S.Rep.”

HIAS, Inc. v. Donald Trump, 985 F.3d 309 (4th Cir. 2021). · cites it 2× “2 8 U.S.C. § 1521 . Prospective refugees seeking resettlement in the United States must obtain a determination of their refugee status before entering the country.”

Bilbro v. Haley, 229 F. Supp. 3d 397 (D.S.C. 2017). · cites it 2× “See 8 U.S.C. §§ 1521 et seq. The Office of Refugee Resettlement (the “O.”

Hoang Ha v. Richard Schweiker, Sec'y of the United States Dep't of Health & Human Servs., 707 F.2d 1104 (9th Cir. 1983). “The underlying class action, brought on behalf of refugees in California, sought to enjoin the implementation of a regulation under the Refugee Act of 1980, 8 U.S.C. §§ 1521 et seq. (Supp. IV 1980).”

Jose Irene Ramirez-Osorio v. Immigr. & Naturalization Serv., Jose Ismael Rubio v. Immigr. & Naturalization Serv., 745 F.2d 937 (5th Cir. 1984). “News 141, and to continue the “historic policy of the United States to respond to the urgent needs of persons subject to persecution in their homelands,” Refugee Act of 1980 § 101, 8 U.S.C. § 1521 (note), blanket notice to aliens that they are entitled to petition for asylum may…”

Custody of Victoria, 39 N.E.3d 418 (Mass. 2015). “See 8 U.S.C. § 1521 (2012). The office was created to facilitate resettlement of refugees, including unaccompanied refugee minors.”

Bolanos-Hernandez v. Immigr. & Naturalization Serv., 749 F.2d 1316 (9th Cir. 1984). “101, 102 (codified as Congressional Declaration of Policies and Objectives, at 8 U.S.C. § 1521 note (1982)). The second quotation is from the legislative history of the Act.”

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