Brigham Young University Prelaw Review


refugee, cap, immigration, resettlement, Congress, president, compromise


The current system for setting the annual refugee admissions cap calls for consultation between the president and Congress; however, that consultation is not happening to the extent prescribed by the Refugee Act of 1980, an amendment to the Immigration and Nationality Act (the INA). We propose that the INA be modified such that the Committees on the Judiciary in the Senate and the House of Representatives must approve the president's proposed refugee cap by a two-thirds majority. Given the steadily worsening refugee crisis, this legislation is both timely and important. Our proposal will foster compromises between the executive and legislative branches, leading to greater consistency in foreign policy and more effective refugee resettlement without sacrificing national security.