# North Korean immigration to the United States

The first official North Korean refugees entered the United States on May 5, 2006. These six refugees were the first since the North Korean Human Rights Act was signed in 2004. The number of North Koreans in the United States remains low due to the difficulty of escaping North Korea, South Korea's policy regarding the Northern refugees, and the United States' long-standing belief that North Koreans should be resettled in South Korea. Immigration to the United States for North Koreans remains difficult due to the many obstacles placed in front of them.
North Koreans Granted Asylum in the United States :
| Year | Total Number Granted Asylum |
| 2003 | 0 |
| 2011 | 25 |
| 2022 | 224 |

## Background
### North Korean Settlement in South Korea

Due to several factors, including shared language and historical customs, many believe that North Korean defectors should resettle in South Korea. The State Department stated that South Korea is "the resettlement country of choice in virtually all cases." They also have provisions for North Korean defectors that assist in the resettlement process for the first several months in the country. Despite these provisions, many North Korean refugees have difficulty assimilating due to discrimination faced in South Korea. Others desire to be further removed from North Korea, hoping to keep those left behind in North Korea, safe, and thus desire to resettle in the United States.

### Legalities of Resettlement
#### South Korean Constitution

Under the South Korean Constitution, North Korea is viewed as an illegal occupier of the Korean peninsula. As such, under South Korean law, all North Koreans are citizens of the Republic of Korea, so they are granted citizenship status almost immediately upon entering the country. This causes issues for North Korean refugees hoping to gain refugee or asylum status in the United States. Their citizenship status in South Korea blocked them from receiving immigration status, until 2004 in the United States, because they were considered to be resettled and no longer qualified for refugee status.

#### North Korean Human Rights Act of 2004

On October 18, 2004, United States President George W. Bush signed the North Korean Human Rights Act (NKHRA) into law. The main purpose of this law was to encourage North Korea to treat those within their borders well and to protect those who have escaped. One of the paths this law creates is the possibility for North Korean defectors to apply for United States immigration status. This law also appointed a special envoy for North Korean Human Rights issues, one of which was Robert R. King, who was appointed by Barack Obama in 2009 and served until 2017. King wrote extensively about this issue and North Korean immigration to the U.S. and how this law impacted North Koreans.
This act "clarifies that North Koreans are eligible to apply for U.S. refugee and asylum consideration and are not preemptively disqualified by any prospective claim to citizenship they may have under the South Korean constitution."
This law was valid through 2008 and has been reauthorized in 2008, 2012, and 2017, and is, as of November 28, 2024, working on re-authorization in 2024. Each re-authorization has lasted four years.

#### United States Asylum Seeker and Refugee Status Delays

Another major obstacle that North Koreans face when attempting to relocate to the United States is the amount of time required to wait for a decision from the government. While in South Korea, their paperwork could be processed generally within a 2-4 week window, the United States takes on average 18–24 months to go through the process. "From October 2004 to March 2010, 107 out of 238 [North Korean] refugee applicants withdrew their applications..." Many no longer even attempt to gain refugee or asylum status in the States due to this long and rigorous process. Although many would like to settle in the United States, "word of mouth ha[s] it that asylum criteria in the U.S. are too strict." This reality limits even further the number of North Korean refugees in the United States.

### Implications for Refugees

Despite the passing of this law in 2004 to aid the human rights of North Koreans, they still face difficulties in obtaining refugee or asylum status. The number of North Koreans granted asylum in the United States remains low, especially in comparison to other demographics from around the world.
Nationality of New Immigrants in the United States in 2010 :
| North Korea | Iraq | Burma | Bhutan | Somalia | Cuba | Iran | Democratic Republic of the Congo | Eritrea | Vietnam | Ethiopia |
| 25 | 18,016 | 16,693 | 12,363 | 4,884 | 4,818 | 3,543 | 3,174 | 2,570 | 873 | 668 |
One of the main difficulties in gaining asylum is proving a credible fear of persecution or torture not only in North Korea but also in South Korea due to their citizenship in both countries. Once they avail themselves of South Korean citizenship, they are no longer eligible for asylum in the United States. A distinction between "the legal right... and availing oneself of that right."
The Board of Immigration Appeals goes even further, "argu[ing] that the mere availability of permanent resident status in another country (whether or not acted upon) “may be sufficient” to prove that the person is firmly resettled and therefore ineligible for refugee or asylum status in the U.S." This ruling once again makes it almost impossible to enter the United States as an asylum seeker or refugee. North Koreans, however, have not had exposure to the outside world, let alone know the laws of both South Korea and the United States. They do not know the rules and regulations of both countries and how their actions will affect their future options. To illustrate this continuing difficulty, below is a table of the number of North Koreans who entered the United States.
North Koreans Entered the United States in Fiscal Year :
| 2017 | 2018 | 2019 | 2020 |
| 12 | 5 | 1 | 2 |
If North Korean escapees choose to attempt to find refuge in the United States, they cannot have gained South Korean citizenship, which offers them financial assistance. They instead must live in a detention center while they wait. "If North Korean escapees choose to go to the United States, they must wait in a detention facility in Southeast Asia. Most North Korean refugee applications to resettle in the United States are processed in Bangkok."

## Migration
### Paths of Migration

For most North Koreans, there are no safe options for leaving the country. Regardless of which path is taken, King asserts that there is danger and risk associated with tremendous repercussions for being caught. The border to the south, shared with South Korea, is heavily guarded and militarized with constant lookouts, millions of landmines, and thousands of soldiers on both sides of the border itself. The 10-mile northern border shared with Russia is also constantly patrolled and the Russian soldiers immediately turn any defectors over to the North Korean government. Leaving by water is just as difficult with the guards along the coasts, limited access to boats, and sea patrols to catch anyone who may get through the first defense measures. The only other option is through the Chinese border. In comparison it is safe, but it is still very risky and difficult.

### Effects of COVID-19

The COVID-19 pandemic caused the North Korean-Chinese border to be significantly more closed and difficult to pass through. This has caused refugees entering South Korea to significantly drop. This gives an idea of why migration of North Koreans to the States has slowed significantly, along with the factors previously discussed.

### Gender in Migration

There is a disproportionate number of women who escape North Korea due to human trafficking across the North Korean-Chinese border. A 2020 study found that due to food shortages in North Korea, women have been going further out to obtain food. "The moment they cross the border -- and sometimes when they are still in North Korea -- refugee women are tapped by marriage brokers and pimps involved in human trafficking." The preference for male babies in China, especially in rural areas, led to a disproportionate number of males, leading to a need for more marriage-age women. These women are trafficked across the border and sold to Chinese men in these rural areas to satisfy this need. This, however, has caused significant mental health issues for these refugees and often prevents them from escaping to safer areas.

## Famous North Korean Defectors

Several North Korean defectors to the United States have spoken out about their experiences, have advocated for North Korean human rights, and have brought awareness to the issues within the country. The most famous of these is a young North Korean defector named Yeonmi Park.
Yeonmi Park is one of the most vocal and famous North Korean defectors. Despite her fame, there are significant questions about the veracity of her claims and story. The accuracy of her story has been hotly debated since 2014, when John Power, a journalist based in Seoul, South Korea, published an article calling her story into question. There are inconsistencies in her retelling and her story Power questioned its accuracy and authenticity.
In May 2016, it was revealed that the North Korean dictator, Kim Jong-un, has an aunt and uncle who escaped North Korea and have been living in the United States since 1998. They escaped while living in Europe to raise Kim Jong Un and his older brother Kim Jong Chol. They took their three children to the American Embassy in Bern, Switzerland, and asked for asylum in the United States. This was an unusual path to immigration as they had unique access outside North Korea.