Displaced and Disillusioned: "Free-Case" Refugees and the Government's Obligation to Facilitate Effective Resettlement

I. IntroductionDue to the civil war that broke out in Burundi in 1972, Foibe Nibitanga "was hunted out of her home and has spent nearly her entire life as a refugee. "* 1 Escaping the fate of the more than 100,000 who lost their lives during the conflict, Foibe came to the United States believing that she and her eight children were fortunate to have such an opportunity.2 The U.S. Citizenship and Immigration Services (USCIS) chose Foibe and her children to relocate in the United States as "free-case" refugees who "do not have any family or friends in the [country]. and have no choice where in the U.S. they resettle. "3 Since free-case refugees do not have anyone familiar from whom to seek advice when they arrive in the United States, they must rely on assistance from refugee resettlement workers.4A resettlement caseworker, with whom the federal government contracted to provide assistance to newly arrived refugees, dropped them off at their new "home" in Kansas City in the middle of the night.5 Their new home came with few provisions.6 The only food provided to the family was 835bread that contained too much starch for Foibe's children to eat.7 The family had no money to buy food, and the caseworker did not return for a week, at which point she provided the family with $250.8 Nearly a month after her arrival in the United States, Foibe and her children still had not received any medical care or immunizations.9 Eventually, Foibe located the small community of Burundi refugees in Kansas City and turned to them for assistance, but she is now tired of having to beg for food.10 Since 1975, nearly three million refugees have made their home in the United States. * 11 In the past, the United States favored awarding refugee status to culturally similar groups of people, those that have family ties in the country, and those that facilitated foreign policy.12 Recently, however, the U.S. government is increasing the number of free-case refugees it admits.13 Free-case refugees do not have assistance from family or friends upon arriving in the United States.14 As a result, free-case refugees require greater assistance from resettlement agencies once they arrive in the country.15 In addition, they do not have any control over where in the country they will be located.16 By relocating refugees to unfamiliar communities, the resettlement agencies may restrict their cultural and social opportunities as well as any ties to the refugees' past identities. This Note will argue that without adequate assistance, these highly vulnerable individuals who lack family, social, cultural, and linguistic ties in the United States will have a difficult time integrating into their new communities. This Note will discuss the legal obligations that the U.S. government has when it admits "free-case" refugees. Part II provides a background of refugee resettlement in the United States, including the history, categories of refugee priority groups, and current refugee resettlement policies and laws. Part III discusses the legal obligations of the United States pursuant to the Refugee Act of 1980. Part III will also examine the application of Immigration and Nationality Act (INA) and address areas that are problematic. In addition, Part III offers solutions to provide adequate support to the highly vulnerable ffee-case refugees.II. BackgroundHistorically, the political climate in the United States dictated refugee policies, with governmental interests abroad weighing most heavily on the selection of refugees admitted to the United States.17 These elements influence admissions criteria and continue to provide the federal government with a framework for admitting refugees.18 Legislators codified regulations that provide refugees certain rights and affordances in response to trends in immigration and refugee admittance.19A. The History of Refugee Resettlement as Reflected in International and Domestic LawsIn the aftermath of World War II, the international community took action to protect refugees and displaced persons. …