Why The Number of North Korean Refugees in the United States Is So Low

By Eric Ryu, HRNK Research Intern
Edited by Sophia Hapin, HRNK Research Intern, and Rosa Park, HRNK Director of Programs and Editor

August 10, 2021

The North Korean Human Rights Act of 2004 intends to protect human rights and freedom in North Korea, including the promotion of humanitarian or legal assistance to North Koreans escapees.[1] Granting North Korean refugees [2] the opportunity to come to the United States was an important factor in adopting the act. However, since the United States formally began accepting North Korean refugees in 2006, the annual number has continuously been decreasing with a total of only 220 refugees resettled in the United States. [3] In fiscal year 2020 alone, the United States only accepted two refugees. [4] There are many factors that have contributed to the decline in the number of North Korean refugees to the United States. North Korean escapees will generally choose to resettle in South Korea as the country had accepted a total of 33,752 refugees as of January 27, [5], [6] but the process of resettling in the United States is much more time-consuming than in South Korea and navigating through the United States immigration system is very complex. Therefore, it is important to identify and understand why the number has decreased significantly, so the United States can address these concerns to facilitate North Korean refugee resettlement in the United States.

The Decline in the Number of North Korean Refugees
Not only has the population of resettled North Korean refugees in the United States declined, but the number of resettled North Korean refugees in general has also dropped significantly. According to the South Korean Ministry of Unification, in 2020, only 229 North Koreans resettled in South Korea. This is a low number compared to 2018, when 1,047 North Koreans resettled in South Korea. [7] A big factor in the decline of North Korean escapees is tighter border control in North Korea, which has made it a bigger challenge for North Koreans to escape.

Escaping North Korea is a difficult task. In many instances, the only feasible way to escape is across the North Korea-China border. [8] However, the Kim regime has increased its crackdowns at the border. Once the COVID-19 pandemic began, they implemented even tighter border control to prevent the spread of COVID-19 and increased restrictions of all movement within North Korea. [9] If North Koreans are caught trying to escape, the authorities will imprison them in political prison camps or other detention facilities, where they will face mistreatment and torture. [10]

Additionally, the North Korean government widely uses and produces propaganda that portrays the United States as the hated aggressor. The Kim regime has also focused its efforts on publicizing how difficult life is in South Korea in order to discourage defections, emphasizing the socioeconomic divisions between South Koreans and North Korean escapees. [11] While the regime does not attack the quality of life that is depicted in South Korean media, they highlight that North Koreans who live in South Korea are poorer and more miserable than they were in North Korea. [12] Ultimately, North Korea uses these tactics to inspire national pride and unity, and to reduce the number of defections.

Changing conditions in South Korea and the United States have been less welcoming. The South Korean government has cut back on funding to help North Korean escapees, they view the escapees as a hindrance in engaging with North Korea, [13] and there have been increases in discrimination, harassment, and restrictions on freedom. [14] The Trump Administration implemented a travel ban on citizens from North Korea [15] and reduced the refugee admittance cap every year in office. [16]

As the number of overall North Korean escapees has decreased, this has impacted the lack of refugee resettlement not only in South Korea, but also in the United States. The North Korean government has implemented tighter border controls and continues to use its propaganda to prevent North Koreans from escaping. Conditions in South Korea and the United States have also become less welcoming for North Korean escapees.

North Korean Escapees Generally Resettle in South Korea
For those who are able to escape, the majority of them opt to resettle in South Korea, instead of other countries. Koreans speak the same language in the South and in the North, and the Korean peninsula was a single nation prior to the division of the peninsula at the end of World War II in 1945, so there is a greater sense of familiarity. [17] On the contrary, moving to the United States would require learning English and adapting to a new culture, which are not simple tasks. Additionally, some already have existing family members in South Korea, so a support system through familial ties makes the transition to a new home smoother.

Despite South Korea’s cutbacks in funding for North Korean escapees, the benefits and assistance to resettle in South Korea are more generous than in the United States. [18] In the United States, the Office of Refugee Resettlement (ORR) provides support to refugees by assisting in the relocation process and providing needed services. [19] Some of the benefits include Refugee Cash Assistance, Refugee Medical Assistance, and Refugee Social Services. [20] Refugee Social Services, in particular, includes employment services, job training, job placement, English-language training, and translation and interpreter services. [21] In South Korea, North Korean escapees are additionally provided free education in public schools and public universities, $6,000 to $32,400 in settlement benefits (depending on the size of the household), and $13,300 to $19,100 in housing subsidies. [22] These are just a few examples of the benefits provided by South Korea, but they are significantly more generous than benefits received in the United States.

The Resettlement Process in the United States Takes Much Longer Than in South Korea
The resettlement process in South Korea begins almost immediately, while the resettlement process to the United States could take at an average of at least 18 to 24 months. [23] According to the South Korean Constitution, North Koreans are automatically granted South Korean citizenship. [24] In the United States, at the beginning of each fiscal year, the President and Congress determine a cap on the number of refugees to be accepted, which has declined each year. [25] Along with the total cap determination, the number of refugees actually resettled in the United States has also significantly decreased. U.S. Citizenship and Immigration Services (USCIS) conducts rigorous interviews to determine whether an individual meets the “refugee” definition. Along with an interview, refugees must pass an extensive security screening and fall within the numerical limits of a given year’s refugee admissions ceiling. [26] Once they have been accepted for resettlement, the Refugee Processing Center works with private voluntary agencies to determine where the refugee will live. Once placement has been secured, then the Resettlement Support Center will work together with the International Organization of Migration to schedule and arrange travel to the United States. [27]

If North Korean escapees choose to go to the United States, they must wait in a detention facility in Southeast Asia. [28] Most North Korean refugee applications to resettle in the United States are processed in Bangkok. [29] If they are granted refugee status in the United States, North Koreans will be given the same benefits as other refugees. In order to gain U.S. citizenship, they must go through a rigorous and time-consuming process. After at least one year of residing in the United States, refugees can apply for lawful permanent residence or a green card. [30] Once they receive their green card, they must wait another five years to apply for U.S. citizenship. [31] With an increased backlog of applications at USCIS, it could take months to years just for USCIS to send a receipt of their applications and to process them for an interview. As of March 31, 2021, approximately 7 million applications and petitions were pending before USCIS. [32]

For North Koreans who have resettled in South Korea and received benefits and South Korean citizenship, if they later decide to immigrate to the United States, they cannot be designated as refugees. Since they are automatically naturalized as citizens of South Korea, they cannot file a refugee application. Instead, if they want to immigrate to the United States, they must apply for and receive a visa like a F-1 (student), H-1B (employment), or B-1/B-2 (visitor) visa. These non-immigrant visas are temporary, so they do not provide a direct pathway to citizenship, and they must go back to South Korea once their visas are expired. In the case of H-1B visas, they may provide a path to permanent residence, if the employer decides to sponsor a green card application. The process is lengthy and difficult. An F-1 visa does not have a quota, and the application process is not as complicated, so it is not difficult to receive this visa. Laws limit the number of H-1B visas that are issued each year, and the H-1B visa application is extremely rigorous and requires more documentation, so it is difficult for South Koreans to apply successfully. South Korea is part of the Visa Waiver Program, which allows South Korean nationals to travel to the United States for tourism or business for up to 90 days without obtaining a visa as long as they have a valid Electronic System for Travel authorization approval prior to travel. They can still apply for a B-1/B-2 visa, which will allow them to stay in the United States for up to six months. There are other avenues to immigrate to the United States that will allow a direct pathway to citizenship such as marriage to a U.S. citizen spouse or employment-based green cards, which are difficult to obtain. Once they are in the United States, they could file an asylum application, but it would have to be based on persecution not only in North Korea, but also in South Korea. They can apply for asylum regardless of immigration status, but they must apply within one year of arrival in the United States. [33] However, the immigration system is heavily backlogged with approximately 1.3 million pending asylum cases, so it would take at least several years for an asylum case to be adjudicated. Being granted asylum status provides the same benefits as refugee status. [34] Additionally, a recent decision from the 9th Circuit Court of Appeals has made it difficult for a North Korean escapee, now a South Korean citizen, to claim asylum in the United States, based solely on the political situation in South Korea. [35] This decision, unfortunately, does not consider the special circumstances of North Korean escapees and the current situation in South Korea, so it creates an additional barrier in allowing them to resettle in the United States.

Conclusion and Recommendations
The overall number of North Koreans escaping has declined significantly, which has been the prominent factor in the significant decline of North Koreans resettling in the United States. The United States has a large refugee resettlement program, but only a small number of North Koreans have resettled in the United States. As the North Korean Human Rights Act seeks to facilitate the entry of vulnerable North Koreans into the United States, the United States government must prioritize resettling North Korean escapees. It is inevitable that the majority of them will choose to resettle in South Korea, but for those who opt to resettle in the United States, they face additional obstacles.
North Korean escapees have to wait in detention facilities for years, while their refugee applications are being processed. The United States should prioritize and expedite the process for North Korean escapees. To gain refugee status under U.S. law, one of the prongs they need to fulfill is that they need to be of special humanitarian concern to the United States. [36] Given the repeated human rights violations in North Korea and the likelihood of torture and mistreatment if repatriated back to North Korea, it is clear that they are of special humanitarian concern and should be prioritized in having their refugee applications processed.

While a majority of North Korean escapees will choose to stay in South Korea, it is possible that many of them will change their minds, due to changing, unwelcoming conditions in South Korea and will want to resettle in another country such as the United States. Because they are automatically granted South Korean citizenship, it will be extremely difficult for them to receive asylum status in the United States because of the 9th Circuit decision that made it difficult to receive asylum based solely on the political situation in South Korea. Although this decision is mandatory within only the 9th Circuit, it is persuasive authority in other circuit courts of appeals. Other courts of appeals are not bound by this decision, but this could set a negative precedent in other jurisdictions as this decision can be instructive for other courts. Other jurisdictions and the 9th Circuit will hear similar cases in the future, so the federal judges under the 9th Circuit should overturn this decision, and other judges presiding in other circuit courts of appeals and immigration courts should give a favorable asylum decision, given the human rights situation in North Korea and the political situation in South Korea.

The United States should also create a special visa for North Korean escapees. With this special visa, they could avoid the long processing times of refugee and visa applications, and the competition with nationals from South Korea to obtain visa approval. It is important that this special visa provide an automatic qualification to permanent residency and eventually citizenship, instead of converting to another status that will allow them to obtain permanent residency, which will make this process time-consuming and more complicated. The Department of Homeland Security has the authority to establish special parole programs to address the circumstances of certain populations. In an immigration context, parole allows certain individuals to enter and remain in the United States. [37] The Department of Homeland Security has established special parole programs before and should establish one for North Korean escapees on humanitarian grounds due to their extraordinary circumstances. Through these potential avenues, obstacles will be removed within the immigration system, thus facilitating an easier path for North Korean refugee resettlement in the United States. 
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The U.S. government must prioritize the resettlement of North Korean escapees and should find ways to reduce the time-consuming process for them to resettle in the United States. Even though the number of North Korean escapees has decreased recently, circumstances can change, and there is a possibility of an increase in North Korean escapees in the near future, so it is important for the United States to be prepared. The United States should reevaluate its refugee resettlement program for North Korean escapees. A comprehensive review will help the United States prioritize and understand the needs of North Korean escapees and how U.S. government agencies can smoothly facilitate and expedite their resettlement in the United States.

[1] The North Korean Human Rights Act of 2004 was reauthorized in 2008, 2012, and 2017. The 2017 reauthorization extends through 2022. U.S. Congress, House, North Korean Human Rights Act of 2004, HR 4011, 108th Cong., introduced in House March 23, 2004, https://www.congress.gov/108/plaws/publ333/PLAW-108publ333.pdf.
[2] Escapees or defectors are defined as those who have fled and renounced their home country, but they do not gain any legal status in the United States. They must apply for refugee status. Once a North Korean escapee is determined to be a refugee under United States law, they can live in the United States, and their legal status will be recognized as refugee, not escapee or defector.
[3] Robert R. King, “Number of North Korean Defectors Drops to Lowest Level in Two Decades,” CSIS, January 27, 2021, https://www.csis.org/analysis/number-north-korean-defectors-drops-lowest-level-two-decades.
[4] Ibid.
[5] Resettlement to another country is important for North Korean refugees as they will likely face torture if sent back to North Korea. UNHCR defines resettlement as the transfer of refugees from an asylum country to another country that has agreed to admit them and grant them permanent residence.
[6] King, “Number of North Korean Defectors Drops to Lowest Level in Two Decades.”
[7] King, “Number of North Korean Defectors Drops to Lowest Level in Two Decades.”
[8] Ibid
[9] U.S. Department of State, “Democratic People’s Republic of Korea Human Rights Report,” (2020).
[10] Lina Yoon, “China Restarts Forced Returns of Refugees to North Korea,” Human Rights Watch, July 22, 2021, https://www.hrw.org/news/2021/07/22/china-restarts-forced-returns-refugees-north-korea?fbclid=IwAR11uUZ3e4ryd_zSBCRITyZ_8E4O0OaJKOq9LKfLltJoPdwk_k2jDQ38Wws#.
[11] Christopher Green, Steven Denney, and Brian Gleason, “The Whisper in the Ear: Re-Defector Press Conference as Information Management Tool,” Korean Economic Institute of America, (March 2015): 4.
[12] Ibid.
[13] King, “Number of North Korean Defectors Drops to Lowest Level in Two Decades.”
[14] Robert R. King, “South Korea Bans Balloons Carrying Leaflets to the North. Foreign Policy Problems Will Follow,” CSIS, December 22, 2020, https://www.csis.org/analysis/south-korea-bans-balloons-carrying-leaflets-north-foreign-policy-problems-will-follow.
[15] Jeff Mason and Phil Stewart, “Trump slaps travel restrictions on N.Korea, Venezuela in sweeping new ban,” Reuters, September 25, 2017, https://www.reuters.com/article/legal-us-usa-immigration-trump/trump-slaps-travel-restrictions-on-n-korea-venezuela-in-sweeping-new-ban-idUSKCN1C01FZ.
[16] Kira Monin, Jeanne Batalova, and Tianjian Lai, “Refugees and Asylees in the United States,” MPI, May 13, 2021, https://www.migrationpolicy.org/article/refugees-and-asylees-united-states-2021.
[17] King, “Number of North Korean Defectors Drops to Lowest Level in Two Decades.”
[18] Elizabeth Shim, “U.S. accepted zero North Korea refugees in 2019, data show,” UPI¸ January 7, 2020, https://www.upi.com/Top_News/World-News/2020/01/07/US-accepted-zero-North-Korea-refugees-in-2019-data-show/7291578416952/.
[19] Administration for Children and Families, “ORR Benefits-At-A-Glance,” https://www.acf.hhs.gov/sites/default/files/documents/orr/orr_fact_sheet_benefits_at_a_glance.pdf.
[20] Ibid.
[21] Ibid.
[22] Sophie Williams, “North Korean defectors: What happens when they get to the South?” BBC News, February 16, 2021, https://www.bbc.com/news/world-asia-49346262.
[23] “An Overview of U.S. Refugee Law and Policy,” American Immigration Council, July 9, 2021, https://www.americanimmigrationcouncil.org/research/overview-us-refugee-law-and-policy.
[24] Emma Poorman, “North Korean Defectors in South Korea and Asylum Seekers in the United States: A Comparison,” Northwestern Journal of Human Rights 17, no. 1 (2019): pp. 102-03, https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1221&context=njihr.
[25] Kira Monin, Jeanne Batalova, and Tianjian Lai, “Refugees and Asylees in the United States,” MPI, May 13, 2021, https://www.migrationpolicy.org/article/refugees-and-asylees-united-states-2021.
[26] “An Overview of U.S. Refugee Law and Policy,” American Immigration Council, July 9, 2021, https://www.americanimmigrationcouncil.org/research/overview-us-refugee-law-and-policy.
[27] Ibid.
[28] David Hawk, Roberta Cohen, Robert King, and Greg Scarlatoiu, “Human Rights in the Democratic People’s Republic of Korea: The Role of the United Nations,” Lecture, The Committee for Human Rights in North Korea, Washington, DC, July 1, 2021.
[29] Ibid.
[30] Adjustment of status of refugees, 8 U.S.C. Sec. 1159(b).
[31] Requirements of naturalization, 8 U.S.C. Sec. 1427.
[32] Walter Ewing, “The COVID-19 Pandemic Made USCIS Backlogs Go from Bad to Worse,” Immigration Impact, July 6, 2021, https://immigrationimpact.com/2021/07/06/uscis-backlogs-2021-pandemic/#.YO0rAehKiUm.
[33] For those who apply for asylum after being in the United States for more than one year, they may qualify for an exception if they show changed circumstances materially affecting asylum eligibility for asylum or extraordinary circumstances relating to delay in filing. They must still file the asylum application within a reasonable time under the circumstances to be eligible for an exception. If they are not eligible for asylum, they are still eligible for other forms of protection like withholding of removal and relief under the Convention Against Torture.
[34] Raymond G. Lahoud, “Immigration Court System Staggers Amidst Looming Backlog of Asylum Cases,” National Law Review, June 24, 2021, https://www.natlawreview.com/article/immigration-court-system-staggers-amidst-looming-backlog-asylum-cases.
[35] Park v. Barr, 2020 WL 1231213 (9th Cir. 2020).
[36] Not firmly resettling in another country is another prong that needs to be fulfilled and had prior significant issues. Before 2004, U.S. immigration law treated a North Korean escapee as having South Korean citizenship, who was considered firmly resettled in South Korea and therefore ineligible for refugee status. Once the North Korean Human Rights Act was signed into law, section 302(b) changed the firm resettlement presumption, so for purposes of claiming asylum or refugee status in the United States, a North Korean escapee was not considered a national of South Korea.
[37] “The Use of Parole Under Immigration Law,” American Immigration Council, January 24, 2018, https://www.americanimmigrationcouncil.org/research/use-parole-under-immigration-law.