“CONDITIONAL ADMISSION” AND OTHER MYSTERIES: SETTING THE RECORD STRAIGHT ON THE “ADMISSION” STATUS OF REFUGEES AND ASYLEES

Laura Murray-Tjan*

Hundreds of thousands of U.S. residents live in the country lawfully and indefinitely but are not citizens. The rules governing the lives and free- dom of these residents vary depending on their immigration status. This Article explores the boundaries of and rules attaching to two such important groups–resettled refugees and asylees–and explains why they must be deemed (unconditionally) admitted under the Immigration and Nationality Act. Whether a noncitizen is deemed “admitted” often determines whether he or she will be deported–banished–from the United States. It also may determine whether the noncitizen is subject to months or years of incarcera- tion during resolution of her case, or while awaiting deportation. Perhaps because of these populations’ relative indigence, which contributes to their inability to access counsel, the case law in both the administrative and fed- eral courts is strikingly confused and often misleading. For example, the Board of Immigration Appeals has stated for decades that refugee admis- sion is “conditional”–although that term appears nowhere in the relevant statutory provisions. I analyze the historical trajectory of the concept of admission as it relates to refugees and asylees to reach my conclusion that they are (unconditionally) “admitted.” Today, as debates over immigration reform continue to rage, it is particularly important to understand the con- sequences of amendments relating to the grounds for detaining and deport- ing persons deemed not “admitted,” and why refugees and asylees do not fall into this category.

INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

I. GENESIS OF THE FOUNDATIONAL REFUGEE STATUTES .. 44

1. The Displaced Persons Act of 1948 .............. 45

2. The Immigration and Nationality Act of 1952: Codification of the Parole Authority.............. 46

3. The Refugee Relief Act of 1953 ................. 48

4. The Fair Share Act of 1960...................... 49

* Assistant Clinical Professor, Boston College Law School. Many thanks to Professors David A. Martin, Deborah Anker, and Anil Kalhan for their thoughtful comments and their time. Thanks are owed also to Karen Breda, Mario Lozada, and Andrea Swenson for their invaluable research assistance. Any errors are my own.