Iraqi Exemption to Asylee Adjustment Cap
This Adjustment Act (P.L. 105-277, sec. 128), which included information addressing numeric limitations on refugees under the Immigration and Nationality Act, was passed in 1998.
Below, we provide links to some of the more important documents concerning implementation of this law.
Background:
Information from the US Department of State (3/1/01)
Nearly two million Iraqis fled the fighting during the Gulf War. Though most returned at the end of the war, significant numbers remained in countries of first asylum, fearing persecution in Iraq. Some 39,000, including ethnic and religious minorities and others who participated in the uprising against the Iraqi regime, remained in refugee camps in Saudi Arabia. From 1991 until 1997, the U.S. participated in a multi-country resettlement effort led by the UNHCR for Iraqi refugees in Rafha camp in Saudi Arabia. The effort resulted in third country resettlement of 24,260 refugees; about 12,500 came to the U.S. The State Department and INS coordinated another U.S. resettlement visit to Rafha camp in June 2000 to process referrals of 200 Iraqi refugees not previously interviewed.
Law and Regulations:
The Department of Transportation and Related Agencies Appropriation Act of 1999, Public Law 105-277, section 128
Sec. 128. (a) The numerical limitation set forth in section 209(b)
of the Immigration and Nationality Act (8 U.S.C. 1159(b)) shall not
apply to any alien described in subsection (b).
(b) An alien described in subsection (a) is an alien who was a
United States Government employee, employee of a nongovernmental
organization based in the United States, or other Iraqi national who was
moved to Guam by the United States Government in 1996 or 1997 pursuant
to an arrangement made by the United States Government, and who was
granted asylum in the United States under section 208(a) of the
Immigration and Nationality Act (8 U.S.C. 1158(a)).
Procedural Memoranda
Iraqi Asylees Moved to Guam in 1996 and 1997 Not to Count Towards Asylum Adjustment Numerical Limitation per Legislative Action
12/7/98 Thomas Cook /s/ Pearl Chang HQADN
Public Information:
Certain Asylees With Pending Adjustment of Status Applications Should Contact the INS of a Change of Address 5/10/02
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