The Evolving United States Response to Soviet Jewish Emigration

Abstract

The wave of recent emigration from the Soviet Union found the U.S. unprepared, with policies and procedures more suited to the Cold War than to the age of glasnost. Competing foreign and domestic policy priorities, and Israel as a potential home for emigrating Soviet Jews, contributed to momentous changes in the U.S. response as it evolved. Long-standing immigration practices were questioned, changed administratively, and finally changed again by statute. Three distinct phases can be noted: the first from 1980 to August 1988, during which the U.S. government accepted as refugees all Soviets seeking resettlement in the U.S., using what in practice was presumptive eligibility. In the second phase, from August 1988 through September 1989, most Soviet Jewish and Pentecostal applicants seeking resettlement continued to be processed in Rome, while incountry processing was established in Moscow for other applicants. Delays increased when the INS began adjudicating refugee status strictly according to the refugee definition in the Immigration and Nationality Act, which also resulted in some denials of refugee status. The last phase, beginning in October 1989, required Soviets seeking resettlement in the U.S. to register their interest with the Embassy in Moscow. While all Soviets are curJournal of Palestine Studies XXI, no. 1 (Autumn 1991), pp. 139-156. This content downloaded from 207.46.13.85 on Fri, 18 Nov 2016 04:12:49 UTC All use subject to http://about.jstor.org/terms 140 JOURNAL OF PALESTINE STUDIES rently eligible to register for resettlement, interviewing priority was given to those with close relatives or other links. In November 1989 the 'Lautenberg Amendment' became law, requiring the establishment of several categories of Soviets who share common characteristics identifying them as targets of persecution. Unlike applicants under the worldwide adjudication standard, who must establish a 'well-founded fear of persecution', Soviet category applicants need do little but show bona fide category membership, and then assert a fear of persecution and a credible basis for that fear. Consequently, the acceptance rate for Soviet Jewish claimants in Moscow has risen to some 90%. U.S. refugee law has undergone a significant change: the burden of proof required to establish eligibility for refugee status and resettlement to the United States has been statutorily eased for certain designated categories. Future American policy may be confronted with significant pressure to rescue additional Jews from the Soviet Union as a result of intensified antisemitism, or to divert prospective Soviet emigres from Israeli destinations as a result of Israel's inability to absorb them. It is likely that the final phase of this policy evolution must eventually involve a return to the use of the worldwide standard for adjudicating all Soviet refugee applications.