State vs. Federal Authority in Refugee Law: How States Support Refugees Without Setting Immigration Policy - Refugee & Law Series (6)

Introduction

In the United States, refugee admission and protection are governed almost entirely by federal law. However, once refugees arrive, states play a vital role in helping them rebuild their lives through education, health, and integration programs. Understanding where federal authority ends and state responsibility begins is essential to ensuring effective refugee support.

Federal Control Over Refugee Status

The power to admit and define refugees lies exclusively with the federal government under the Immigration and Nationality Act (INA) and the Refugee Act of 1980.  These laws authorize federal agencies—including the U.S. Citizenship and Immigration Services (USCIS), the Department of State’s Bureau of Population, Refugees, and Migration (PRM), and the Office of Refugee Resettlement (ORR)—to determine who qualifies as a refugee, how many may enter each year, and how they may adjust to permanent residence. Only federal authorities can grant refugee or asylum status; no state may alter or create its own immigration classifications.

State Implementation and Support

While states cannot decide who becomes a refugee, they are indispensable in implementing resettlement and integration programs once refugees arrive. Under 8 U.S.C. § 1522, the federal ORR partners with states and nonprofit agencies to deliver cash and medical assistance, job training, English-language instruction, and community integration services.

Each state either:

1. Administers its own refugee program through a designated agency, or

2. Delegates administration to nonprofit organizations that contract directly with ORR.

Examples of State Frameworks

Several states have enacted their own laws or administrative codes to structure refugee support.

California. Welfare and Institutions Code § 13275 et seq. establishes the California Refugee Resettlement Program. The California Senate Bill 12 (SB 12), introduced by Senator Lena Gonzalez in 2024, sought to create a statewide Immigrant and Refugee Affairs Agency. Although it passed early committees with strong support, SB 12 ultimately failed in the Senate Appropriations Committee and did not become law.

New York. Social Services Law § 409-e authorizes the Bureau of Refugee and Immigrant Assistance (BRIA) to coordinate resettlement and employment services.

Texas. Texas Administrative Code, Title 40, Part 20 governs the Texas Refugee Program, now administered by a nonprofit partner.

Illinois – 20 ILCS 5095 creates the Office of New Americans, which addresses immigrant and refugee integration.

These state frameworks do not determine refugee status but coordinate welfare, funding, and integration policies within their borders.

Constitutional Boundaries

Under the Supremacy Clause (U.S. Const. Art. VI), immigration policy remains a federal domain. Nonetheless, states retain broad police powers in education, health, and welfare, allowing them to regulate how refugees receive public services and to shape inclusive community policies.

Conclusion

Refugee law in America is a shared endeavor: federal law defines protection, while state systems deliver dignity. The recent failure of California’s SB 12 highlights both the challenges and the opportunities for state governments to strengthen refugee integration frameworks within constitutional limits. Continued partnership between federal and state actors is essential to ensure that refugees not only arrive safely, but also thrive as part of the American community.

Bibliography

Immigration and Nationality Act, 8 U.S.C. §§ 1157–1159.

Refugee Act of 1980, Pub. L. 96-212.

8 U.S.C. § 1522 – Domestic resettlement assistance.

Cal. Welf. & Inst. Code § 13275 et seq.

N.Y. Soc. Serv. Law § 409-e.

20 ILCS 5095.

Tex. Admin. Code tit. 40, pt. 20.