Asian American History and the Making of the U.S. Immigration System

Vietnam War And Refugee Migration

Although a ceasefire had been in place for two years, 1975 finally brought the end of the Vietnam War.  In the ensuing decades, 1.5 million refugees fled Vietnam, Laos and Cambodia.  In the immediate aftermath of the war, refugees included military personnel, journalists, and staff, such as interpreters. Ongoing political and social instability also led to tens of thousands of “boat people” fleeing Vietnam and turning up on the shores of neighboring countries.²³

Refugee Assistance Act (1980)

As the name indicates, this law was designed for governing refugee resettlement and assistance. It amended the Immigration and Nationality Act to incorporate the United Nations definition of a "refugee," established the U.S. Refugee Admissions Program (USRAP), and created the Office of Refugee Resettlement (ORR)²⁴

Amerasian Homecoming Act (1987)

This law allowed children born in Vietnam to Vietnamese mothers and American fathers during the Vietnam War to immigrate to the United States. It granted these individuals and their close relatives preferential immigrant status with full refugee benefits.²⁵

Orderly Departure Program (1992)

The Orderly Departure Program (ODP) permitted immigration of Vietnamese to the United States and to other countries. It provided a safe and legal alternative to illegal departures from Vietnam by boat or overland through Cambodia, successfully processing over 506,000 Vietnamese for admission to the U.S. as refugees and immigrants. It reunited nearly 220,000 family members in the U.S.²⁶

Comprehensive Plan of Action (1996)

The Comprehensive Plan of Action (CPA) was established as a multilateral framework to resolve the Southeast Asian "boat people" crisis by managing the outflow of asylum seekers from Vietnam and Laos into countries of first asylum (e.g., Hong Kong, Thailand, Malaysia, Indonesia) It provided support for regular departure programs in an attempt to save lives by discouraging further clandestine and unsafe departures from Vietnam and elsewhere.²⁷

Immigration Reform and Control Act (1986)

The (IRCA) addresses the issue of illegal immigration, Congress provided Amnesty for certain long-term residents to gain legal permanent status, including through a special expedited process for farmworkers. Under the IRCA, 2.7 million long-term residents received legal permanent status. This law imposed more restrictions and regulatory provisions to improve enforcement of existing laws, including steady increases to immigration enforcement agencies and greater requirements for employers to check the work authorization of employees. The aim is to control illegal immigration - “illegal aliens” - and focus on employers to stop hiring illegal immigrants.²⁸

Chinese Student Protection Act (1992)

The Chinese Student Protection Act of 1992 (CSPA) was a legislative response aimed at protecting Chinese nationals in the wake of the Tiananmen Square massacre in 1989. Many Chinese students who were studying in the U.S. faced the threat of persecution upon returning to China. The CSPA allowed these students to apply for permanent resident status, facilitating their continued presence in the U.S. and signaling international condemnation of the Chinese government's actions. This also enriched the U.S. with educated individuals possessing valuable skills in science and technology. The CSPA highlighted the broader implications of global human rights and the responsibility of nations to protect individuals facing persecution.²⁹