Summary of Hearings Held by the Senate Judiciary Subcommittee on Immigration and Refugee Policy, July 1981-April 1982 - Prepared for the Subcommittee on Immigration and Refugee Policy of the Committee on the Judiciary, United States Senate, by the Congressional Research Service, Library of Congress, April 1983 - Committee Print PDF Download
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Author: Dennis Gallagher Publisher: ISBN: Category : Emigration and immigration law Languages : en Pages : 204
Book Description
This study consists of an evaluation of the effectiveness of the United States Refugee Act of 1980 in achieving its objectives and submits recommendations in the light of the analysis undertaken. The objectives of the Act reflect the need for a balance between the desire to furnish a generous humanitarian response to the refugee problem by removing geographical and ideological considerations and establishing permanent mechanisms to respond to refugee emergencies, and the need for exercising greater control over this response by adequately taking into account the domestic impacts of refugee admissions. The study identifies several areas of concern. The first is the inadequacy of existing mechanisms, due to the elimination by the Refugee Act of the Attorney General's parole authority. To overcome this shortcoming, it recommends the establishment of a special humanitarian admission status. The second concerns the budget for refugees, based upon projections. The inconsistencies between these and the actual arrivals could be resolved by regular consultations between the appropriate authorities and the setting up of a contingency fund. The third relates to the US standards for refugee admissions, which are generally based upon nationality, foreign policy considerations and the promotion of family reunification. The study recommends the need for protection be regarded as a capital element in granting refugee admissions. The fourth concerns the processing of applications and includes the question of bureaucratic inflexibility. This could be improved by training, better information about country conditions and greater use of data and information systems. Finally, the existing mechanisms for policy development are inadequate. The study admits that this is a particularly difficult question to resolve, but contends that greater inter-agency coordination and education of the public opinion might help.
Author: Congressional Research Service Publisher: Createspace Independent Publishing Platform ISBN: 9781545111680 Category : Languages : en Pages : 98
Book Description
This report discusses and assesses the War Powers Resolution and its application since enactment in 1973, providing detailed background on various cases in which it was used, as well as cases in which issues of its applicability were raised. It will be revised biannually. In the post-Cold War world, Presidents have continued to commit U.S. Armed Forces into potential hostilities, sometimes without a specific authorization from Congress. Thus the War Powers Resolution and its purposes continue to be a potential subject of controversy. On June 7, 1995, the House defeated, by a vote of 217-201, an amendment to repeal the central features of the War Powers Resolution that have been deemed unconstitutional by every President since the law's enactment in 1973. In 1999, after the President committed U.S. military forces to action in Yugoslavia without congressional authorization, Representative Tom Campbell used expedited procedures under the Resolution to force a debate and votes on U.S. military action in Yugoslavia, and later sought, unsuccessfully, through a federal court suit to enforce presidential compliance with the terms of the War Powers Resolution. The War Powers Resolution P.L. 93-148 was passed over the veto of President Nixon on November 7, 1973, to provide procedures for Congress and the President to participate in decisions to send U.S. Armed Forces into hostilities. Section 4(a)(1) requires the President to report to Congress any introduction of U.S. forces into hostilities or imminent hostilities. When such a report is submitted, or is required to be submitted, Section 5(b) requires that the use of forces must be terminated within 60 to 90 days unless Congress authorizes such use or extends the time period. Section 3 requires that the "President in every possible instance shall consult with Congress before introducing" U.S. Armed Forces into hostilities or imminent hostilities. From 1975 through March 2017, Presidents have submitted 168 reports as the result of the War Powers Resolution, but only one, the 1975 Mayaguez seizure, cited Section 4(a)(1), which triggers the 60-day withdrawal requirement, and in this case the military action was completed and U.S. armed forces had disengaged from the area of conflict when the report was made. The reports submitted by the President since enactment of the War Powers Resolution cover a range of military activities, from embassy evacuations to full-scale combat military operations, such as the Persian Gulf conflict, and the 2003 war with Iraq, the intervention in Kosovo, and the anti-terrorism actions in Afghanistan. In some instances, U.S. Armed Forces have been used in hostile situations without formal reports to Congress under the War Powers Resolution. On one occasion, Congress exercised its authority to determine that the requirements of Section 4(a)(1) became operative on August 29, 1983, through passage of the Multinational Force in Lebanon Resolution (P.L. 98-119). In 1991 and 2002, Congress authorized, by law, the use of military force against Iraq. In several instances none of the President, Congress, or the courts has been willing to initiate the procedures of or enforce the directives in the War Powers Resolution.