The difference between immigrants, refugees. Info on legal pathways to enter the US

Refugee resettlement and immigration are hot topics in the United States right now. 

As conversations about both pathways for entering the country continue, it’s important to note the difference between the two. Policies, funding and executive orders impact those populations of people differently.  

What is a refugee?  

The United Nations High Commission of Refugees defines a refugee as a person “forced to flee their own country and seek safety in another country.” 

Depending on their motivation for migrating, a person fleeing persecution, violence, conflict or human rights violations is categorized as a refugee, an asylum seeker, an internally displaced person or someone in need of international protection. 

• An asylum seeker is a person seeking international protection from dangers in their home country, but whose claim for refugee status has not been determined legally in their destination country, according to International Rescue Committee.

• Asylum seekers must arrive at or cross a border to apply for protection in their country of destination. From there, they must prove to authorities that they meet the criteria to be covered by refugee protections. Not every asylum seeker is recognized as a refugee. 

Refugees resettled in the U.S. receive monetary support, resources and access to programs depending on what their specific situation is and if they meet certain requirements. Some classifications have shorter windows than others to capitalize on offered assistance. 

A refugee of any distinction has crossed an international border and cannot return home unless it is safe to do so, according to UNHCR.  

What is an immigrant? 

Immigrants, like refugees, are starting new lives in a new country. They go through a vetting process and intend to settle permanently in a new location.  

Unlike refugees, immigrants choose to leave home and begin elsewhere. They may decide to leave home to be closer to family, to pursue their education or for better economic opportunities, among other reasons.

This means that they were not forced to leave and can return home if they want to, without risking their life or freedom. Due to this distinction, the term “migrant” can be used to describe an immigrant but should not be used when referencing a refugee, according to Amnesty International.

Other types of U.S. entry 

Immigration and refugee resettlement cover many types of legal entry into the U.S., but there are other pathways available for certain groups of people to enter the country, too.  

One term you might hear is “humanitarian parole.” This process allows an individual, who may be inadmissible or otherwise ineligible for U.S. entry, to be paroled into the country for a temporary period. A humanitarian parolee has not been formally admitted into the U.S. for purposes of immigration law, according to U.S. Citizenship and Immigration Services.

The Immigration and Nationality Act grants the secretary of homeland security the authority to temporarily parole any person applying for admission into the U.S., whether for urgent humanitarian reasons or significant public benefit. Parole is typically granted for no more than one year but can be longer depending on the reason for the parole. People granted parole are typically not automatically allowed to work in the U.S., but it may be granted due to a person’s circumstances.  

Examples of recent humanitarian parole programs, according to International Rescue Committee, are:

• The Cuba, Haiti, Nicaragua and Venezuela parole program, which offered crucial assistance to people from these countries and significantly reduced border arrivals. This program was terminated on Jan. 20.  

• Uniting for Ukraine, which provided a pathway to safety for Ukranians fleeing war in their country. Many Ukranians were granted parole status for up to two years before the program was suspended on Jan. 27.  

• Operation Allies Welcome, which assisted vulnerable Afghans, including those who supported U.S. operations in Afghanistan. Tens of thousands of people evacuated from Afghanistan after the withdrawal of American troops in 2021 were granted parole status. 

Another type of U.S. entry is the Special Immigrant Visa program, which is available to people who helped the U.S. government abroad. 

One SIV program is for those who worked with the U.S. Armed Forces or under Chief of Mission authority as a translator or interpreter in Iraq or Afghanistan. This program offers visas to up to 50 people a year, according to the U.S. Department of State.

This program is distinct from two other programs granting SIVs for certain Iraqi and Afghan nationals who worked for, or on behalf of, the U.S. government in either country. Certain requirements must be met for program consideration.  

These pathways do not encompass every available process for U.S. entry, but they are some common examples showing the differences between programs and how they change based on global situations.  

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