Deep Dive: Legal Obligations to Refugees 

Protecting the safety and rights of refugees is more than just a moral necessity — it’s also a legal obligation. The U.S. and other countries have established these obligations to refugees through a combination of international treaties, domestic laws, and humanitarian principles.  

In the latest edition of HIAS’ Deep Dive series, we explore this legal framework in greater detail. 

International Principles

The notion that countries have an obligation to protect refugees has existed for centuries. But it took the unique horrors of World War II and the Holocaust to establish a major international agreement to codify this principle. 

The cornerstone of international refugee protection is the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. The Convention established the first universal definition of a “refugee” and set minimum standards for their treatment, creating a permanent framework for protecting vulnerable populations. 

The Convention includes two key principles. “Non-refoulement” prohibits the return of refugees to a country where they face serious threats to their life or freedom due to race, religion, nationality, membership in a particular social group, or political opinion. Refugees are also entitled to access to courts, education, work, and public relief, and the Convention emphasized the need for refugees to be treated without discrimination. The 1967 Protocol expanded the geographical reach of the 1951 Convention beyond those fleeing Europe. 

Today, the United Nations High Commissioner for Refugees (UNHCR) is the primary international body responsible for coordinating refugee protection and assistance. HIAS collaborates with UNHCR to advocate for and provide services to refugees abroad. This partnership helps ensure that refugees receive consistent and coordinated support across different regions. 

Law in the U.S.

In the U.S., the 1965 Immigration and Nationality Act (INA) is the primary statute governing U.S. immigration law, including provisions for asylum and refugee protection. It incorporates the principles of the Refugee Convention and establishes the criteria for granting asylum and refugee status. The subsequent Refugee Act of 1980 amended the INA to align U.S. law with international standards set by the Refugee Convention, establishing the U.S. Refugee Admissions Program (USRAP) and creating a systematic process for admitting refugees into the country. The Act also set up procedures to apply for asylum and allowed refugees in the U.S. to become legal permanent residents or citizens.  

Individuals who are physically present in the U.S. can apply for asylum if they meet the definition of a refugee. Asylum seekers can provide testimony or evidence to prove they cannot return to their country of origin because they have a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion. Legal representation is also a right, although it is not provided at government expense. 

The U.S. also has a Refugee Resettlement Program that allows individuals abroad who are identified as refugees by the UNHCR or other designated organizations to be resettled in the U.S. after undergoing rigorous security and health screenings. HIAS is one of 10 primarily faith-based organizations partnering with the federal government to help refugees rebuild their lives in safety in America.  (Note: On his first day in office, President Trump issued an executive order suspending the USRAP indefinitely).

Under these commitments, resettled refugees in the U.S. have the right to work, access public education, and apply for permanent residency after one year. Additionally, they can petition to bring immediate family members to join them in the U.S. These laws reflect the American commitment to upholding humanitarian principles and providing refuge to those fleeing persecution. 

In the past decade, the right to seek asylum and international refugee protections have been repeatedly threatened and weakened. They remain, however, essential and legal pathways to safety in the United States and around the world — and crucial principles to defend. HIAS is committed to ensuring all refugees and asylum seekers are protected under U.S. and international law.