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19 San Diego L. Rev. 9 (1981-82)
Forty Year Crisis: A Legislative History of the Refugee Act of 1980, The

handle is hein.journals/sanlr19 and id is 17 raw text is: The Forty Year Crisis: A Legislative History of the Refugee Act of 1980 DEBORAH E. ANKER* & MICHAEL H. POSNER** This article analyzes the legal responses of the United States to is- sues of refugee and asylum policy in the post-World War II pe- riod that culminated in the enactment of the Refugee Act of 1980. The authors describe the consensus for a humanitarian, nondis- criminatory policy which led to the passage of the Refugee Act. This legislative history demonstrates the effort to develop a coher- ent and flexible refugee admission policy and to create statutory mechanisms to mediate the conflict between the executive and legislative branches over the control and standards for refugee admissions. The article evaluates the implementation of the Refu- gee Act, proposals by recent administrations for reform, and of- fers a series of recommendations for future refugee and asylum policy. In good measure, our country's humanitarian tradition of extending a welcome to the world's homeless has been accomplished in spite of, not be- cause of our laws relating to refugees. 1 * Member of the Massachusetts Bar. BA, Brandeis University, 1969; J.D., Northeastern University, 1975; Chairperson of Boston Immigration Committee of the National Lawyers Guild; Member of the Committee on Asylum and Refugees of the American Immigration Lawyers Association. Currently Ms. Anker is Direc- tor of the International Institute of Boston. ** Member of the California and Illinois Bars. BA, University of Michigan 1972; J.D., University of California at Berkley (Boalt Hall) 1975. Currently Mr. Pos- ner is Executive Director of the Lawyer's Committee for International Human Rights in New York City. (The authors wish to express their gratitude for edito- rial assistance to Ms. Sue Kaplan, Harvard Law School; Mr. Evan Slavitt attorney with the Antitrust Division of the United States Department of Justice; and Pro- fessor Michael Schwartz, Sociology Department, State University of New York at Stonybrook, New York). 1. Statement of Congresswoman Elizabeth Holtzman, Hearings on H.R. 2816 Before the Subcomm. on Immigration, Refugees and International Law of the December 1981 Vol. 19 No. 1

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