
As Americans prepare to vote in the upcoming midterm elections, much of the public conversation is focused on the economy, health care, and national security. But there is another issue on the ballot, whether candidates are talking about it or not: how the United States can welcome refugees and immigrants.
While media coverage often focuses on the immigration policies of President Trump, it is Congress that writes the laws, controls the funding, and has oversight over refugee resettlement, asylum processes, and immigration reform.
Here are four ways Congress shapes refugee and immigration policy and why your midterms vote can impact people seeking safety in the U.S.
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Congress Can Pass Legislation to Reform our Immigration System
While presidential administrations have a lot of power when it comes to policies about refugee resettlement, asylum, and immigration, it is the job of Congress to develop the laws that are the foundation of our refugee program and asylum system. We have seen groundbreaking legislation such as the Refugee Act of 1980, which created a formalized U.S. refugee resettlement program and established procedures for people to apply for asylum. More recently, we have also seen devastating congressional action, including legislation that strips refugees and asylees of essential food and medical assistance. Critically, Congress has not passed comprehensive immigration reform since 1986.
Congress Determines Funding for the Immigration System
Congress has the power of the purse. It decides how federal dollars are spent, including funding for refugee resettlement, the U.S. immigration system, and humanitarian assistance for displaced people around the world. While the president submits an annual budget request, it is Congress, not the president, that sets the federal budget, determining how much funding goes to the agencies that are responsible for responding to humanitarian crises around the world, processing refugees overseas, admitting them to the United States, and helping them integrate once here. Congress also determines funding levels for immigration enforcement operations, the immigration courts, and efforts to reduce immigration application backlogs.
Congress Can Hold the Executive Branch Accountable
One of Congress’ key responsibilities is to provide oversight of the executive branch. The management of the appropriations process is a significant way that Congress can limit or expand administration programs. In addition, through a variety of mechanisms, including congressional hearings and investigations, Congress can demand information from an administration, scrutinize administration actions, and demand transparency on how it operates. When an administration makes dangerous decisions that receive little public attention—such as establishing the Office of Remigration in the State Department or removing basic due process from asylum procedures—congressional inquiries and hearings can help bring greater scrutiny and pressure to stop policies and practices that might otherwise continue largely unnoticed.
Congress Can Influence Refugee Protection Priorities
The president decides annual refugee admissions goals. However, the 1980 Refugee Act requires that before the president makes that official decision, a few steps must be taken that involve Congress. The president must submit the administration’s refugee admissions goals in a report to Congress. Then the president must send cabinet-level officials to meet with members of the House and Senate Judiciary Committees prior to the finalization of the admission plans for the upcoming fiscal year. The consultations are an important opportunity for members of Congress to ask the administration representatives tough questions about their resettlement plans, including the populations that they want to prioritize for admissions.
Refugee resettlement, asylum, and immigration policies do not emerge from the White House alone. The decisions Congress makes can affect whether families fleeing persecution find safety, whether asylum seekers receive a fair hearing, and whether humanitarian programs have the resources they need. As you prepare to vote, ask candidates where they stand on these issues and make your voice heard.
Refugees and immigrants deserve policies rooted in safety, dignity, and fairness. Learn how you can take action.