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In the weeks since Russia invaded Ukraine,  of Ukrainians have fled the country as refugees. Hundreds of those refugees have now  at the southern border of the United States seeking asylum, after flying to Mexico on tourist visas.

At the border, Ukrainians, alongside thousands of other asylum seekers, must navigate two policies meant to keep people out. The first is the 鈥�,鈥� a U.S. government action initiated by the Trump administration in December 2018 and known informally as 鈥淩emain in Mexico.鈥� The second is , a Centers for Disease Control and Prevention directive crafted in 2020, ostensibly to protect public health during the COVID-19 pandemic. The directive expels all irregular immigrants (those without permanent residency or a visa in hand) and asylum seekers who try to enter the U.S. by land.

On March 11, 2022, however, the Biden administration provided  allowing Customs and Border Protection officers to  from Title 42 on a case-by-case basis, which has allowed many families to enter. However, this exception has not been granted to other asylum seekers, no matter what danger they are in. It is possible that the administration may lift Title 42 at the end of May 2022, but that plan has encountered .

The different treatment of Ukrainian versus Central American, African, Haitian, and other asylum seekers has   that the administration is enforcing immigration policies in racist ways, favoring White, European, mostly Christian refugees over other groups.

This issue is not new. As scholars of , , , and  in the United States, we study both historical and current immigration policy. We argue that U.S. refugee and asylum policy has long been racially and religiously discriminatory in practice.

Chinese Asylum Seekers

Race played a major role in who counted as a refugee during the early years of the Cold War. The displacement of millions fleeing communist regimes in  and  created humanitarian crises in both places.

Under significant international pressure, Congress passed the 1953 Refugee Relief Act. According to historian , in the minds of President Dwight Eisenhower and most lawmakers, 鈥渞efugee鈥� meant 鈥�.鈥� The text and implementation of the act reflected this. Of the 214,000 visas set aside for refugees, the law designated a quota of only  (2,000 for Chinese and 3,000 for 鈥淔ar Eastern鈥� refugees). Ultimately, approximately 9,000 Chinese (including 6,862 Chinese wives of U.S. citizens who came as non-quota migrants) were admitted under the 1953 refugee law, compared with nearly 200,000 southern and eastern Europeans, over the next three years. 

Racial prejudice impacted the international response to refugees as well. By the late 1940s and early 1950s,  had declared the displaced population in Europe a humanitarian crisis and appealed to the international community to relieve these pressures by accepting refugees. Over the next decade, Western nations, including the U.S., France, and Great Britain, received millions of displaced Europeans as part of a  to contain the Soviet Union and demonstrate the  to life behind the Iron Curtain. 

Millions of ethnic Chinese displaced by the 1949 Chinese Communist Revolution . In the early 1950s, Hong Kong鈥檚  due to mainland Chinese fleeing civil war and communist rule, triggering a crisis. Most Western countries, however,  and made few exceptions for refugees. 

In the United States, exclusionary provisions that barred Asians from immigrating as 鈥渁liens ineligible to citizenship鈥� would not be removed from immigration law until the .

Haitian Asylum Seekers

The first Haitian asylum seekers, who were overwhelmingly Black, attempted to reach the U.S. in boats  during the dictatorship of . It was a period of great  and  of political opposition in Haiti.

, more than 80,000 Haitians tried to seek asylum in the U.S. The U.S., however,  to intercept and turn back boats carrying Haitian asylum seekers to avoid having to hear their cases.

In the 1980s and 1990s, nearly every single Haitian who tried to request asylum was either . Some disparities between asylum rates could be explained by political factors, particularly the U.S. government鈥檚 interest in  refugees from communist countries.

However, the U.S. District Court for the Southern District of Florida and the 11th Circuit Court  , in Haitian Refugee Center v. Civiletti and Jean v. Nelson, respectively, that racial discrimination could be the only reason for such strikingly different outcomes for Haitians. In Jean v. Nelson, the 11th Circuit Court  that there was a less than 2-in-1-billion chance that Haitians would be denied parole so consistently if immigration policies were applied in racially neutral ways.  the differences in outcomes of asylum claims between Cuban refugees, who were predominantly White, and Haitian refugees.

In the same time period, even while Black Haitian asylum seekers were being turned away, European immigrants, who were primarily White, received preference in the  created by the Immigration Act of 1990. Northern Ireland, for example, was  as a separate country from the United Kingdom, and 40% of 鈥渄iversity transition鈥� visas allocated during 1992 to 1994 were earmarked for Irish immigrants. 

Similar  of racism and discriminatory treatment have surfaced over the past several months as Haitian asylum seekers at the U.S.鈥揗exico border have been  to Haiti and have faced .

Syrian Refugees and the Muslim Ban

Beginning in January 2017, President Donald Trump issued a  of executive orders described by many refugee advocates as the 鈥淢uslim ban.鈥� The ban , including Syrians, and limited the number of refugee admissions of several majority-Muslim countries.

Syrian refugees,  fled the Syrian civil war that began in 2011 and violence by the Islamic State, were specifically targeted in the Muslim ban. 

 of the Muslim ban claimed that Syrian refugees were 鈥渄etrimental to the interests of the United States and thus suspend[ed]鈥� from admission, with few exceptions. This contributed to a 鈥攆rom 12,587 to 76 between financial year 2016 to 2018.

 that , is used to create  of racial distinction in order to promote . Specifically, the government attempted to justify an exclusionary refugee policy based on race and religion by implicating Muslims and refugees in terrorism, as Trump did in , even calling Syrians the 鈥溾�� for terrorism. 

International agreements for refugees and asylum seekers  that admissions should be based on need. In principle,  says this as well. But these key moments in United States history show how race, religion, and other factors play a role in determining who is in, and who is out. 

While refugees from the war in Ukraine deserve support from the United States and other countries, the contrast between the treatment of different groups of refugees shows that the process of gaining refuge in the United States is still far from equitable.

This article was originally published by . It has been republished here with permission.