Vietnamese Refugee Laws

    Overview

    Vietnamese Refugee Laws

    Vietnamese immigrants gather at Houston City Hall with signs for the ceremony of the sixth anniversary of the fall of South Vietnam, 1981.

    Author: Joseph Nguyễn
    Grades: 11-12

    Suggested Amount of Time: 60 - 110 Minutes
    Area of Study: Vietnamese Departures and Transit

    Compelling Question
    • How did Vietnamese build communities as they attempted to survive and traverse the hardships of life in transit?

    Lesson Questions
    • How have Vietnamese refugees been impacted by US refugee and immigration law?
    • How does the language of the law disadvantage certain ethnic and racial groups in American society?
    Lesson Objective

    Students will be able to connect anti-Vietnamese attitudes surrounding the passage of the Refugee Act of 1980 and the Orderly Departure Program with anti-immigrant and anti-refugee attitudes that continue to persist in American society today by creating a poster.

    Lesson Background

    The 1951 UN Convention and its 1967 Protocol are foundational international legal documents that define who is a refugee, their rights, and the legal obligations of states. These laws were instrumental in providing a legal framework for the protection of Vietnamese refugees during the Vietnam War.

    The Indochina Migration and Refugee Assistance Act of 1975 was a US legislation enacted in response to the fall of Sài Gòn and the end of the Vietnam War. It allowed for the admission of 130,000 Vietnamese refugees into the U.S and provided financial assistance for their resettlement.

    The Refugee Act of 1980, another US law, standardized the procedures for admitting refugees and asylum seekers into the country, providing a more permanent and systematic procedure for refugee admissions that was used for Vietnamese and other refugees.

    The Orderly Departure Program (ODP), initiated in 1979 by the United Nations High Commissioner for Refugees (UNHCR), was an organized framework for the safe and legal immigration of Vietnamese refugees to other countries, including the US.

    The UNHCR Comprehensive Plan of Action, established in 1989, was a response to the ongoing Indochinese refugee crisis. It aimed to deter the dangerous sea departures known as boat people and provided for the screening and resettlement of refugees.

    The McCain Amendment/Humanitarian Operation, enacted in the US in 1996, allowed for the admission of Vietnamese refugees who were previously ineligible for resettlement under the ODP, particularly those who had been detained in reeducation camps due to their association with the US during the Vietnam War.

    While these laws had the effect of helping provide the legal framework for Vietnamese persecuted by the communist government to resettle in the US, they were also based on a number of legal frameworks and narratives that created specific conditions on who would be eligible and who would be ineligible to resettle in the US. In addition, these laws were passed according to a number of historial, social, and geopolitical factors, in which the US simultaneously wanted to preserve their role as liberators of Vietnamese refugees while trying as much as possible to limit refugee admissions and placate Americans with anti-Vietnamese sentiment. This lesson plan will delve into the nuances of refugee law and help students better understand the effect of law on different immigrant groups in the US, especially in the case of Vietnamese refugees.

    Image Citation: Prairie Public. (2019, August 6). June 2, 2019: Voices of Vietnam: A Lost Homeland. Prairie Public Broadcasting. https://news.prairiepublic.org/politics-government/2019-05-30/june-2-2019-voices-of-vietnam-a-lost-homeland

    Ethnic Studies Theme

    This lesson connects to the ethnic studies theme of power and oppression from the Asian American Studies Curriculum Framework (Asian American Research Initiative, 2022). Students will consider war, migration and imperialism as contexts shaping citizenship and racialization. Students engage in dialogue about how the United States immigration and refugee laws excluded certain groups and its effects on communities.

    For additional guidance around ethnic studies implementation, refer to the Ethnic Studies Model Curriculum (2021)  https://www.cde.ca.gov/ci/cr/cf/esmc.asp.

     

    Historical Thinking Skills

    This lesson will facilitate student proficiency in historical significance, one of Seixas’ historical thinking skills (Seixas & Morton, 2013). Students make personal decisions about what is historically significant, and then consider the criteria they use to make those decisions. Students consider how historical significance is constructed. That is, events, people, and developments meet the criteria for historical significance only when they are shown to occupy a meaningful place in a narrative.

    Supplies
    • Access to laptop device
    • Poster paper 
    Handouts
    • Vietnamese Refugee Laws Presentation, suggested text in lesson
    • Indochina Migration and Refugee Assistance Act of 1975 Sources
    • 1980: The U.S Refugee Act
    • 1979: The Orderly Departure Program and Humanitarian Operation 
    • Link to handouts: https://ucdavis.box.com/s/84ydv6ajipj48lzxa5c74d6oo64iovbp 

    Accompanying slides for this lesson may be found here:  https://ucdavis.box.com/s/7g9ktflnhfk86olbmh77ykkyctbv4wc6 

    1. Warm-Up (five minutes)
      1. Prompt students to consider: Think of a time when an assumption you made about somebody was incorrect, what did you learn from that moment? 
        1. Students will share with a peer. Then, have a whole class share out. 
      2. Teacher will share lesson objectives and lesson questions. 
    2. Lesson introduction: Think-write-pair-share (15 minutes)
      1. The teacher will display (or make accessible) the following quotes about Vietnamese Refugees. Quotes 1–11 represent anti-Vietnamese sentiment, while quotes 12–13 represent pro-Vietnamese sentiment.
        1. “People are losing their cars, houses, jobs,” said a 35 year old black auto worker in Detroit, who did not want to be identified. “Let them stay there until we do something for people here.”
        2. “Far's I'm concerned, they can ship them all right back.” snapped one woman here today—and from one end of town to the other and in the cities around the base, many of her neighbors agreed.
        3. “There's no telling what kind of diseases they'll be bringing with them,” said Vincent Davis. What sort of diseases? “I don't know,” he said, “but there's bound to be some of those tropical germs floating around.”
        4. “But they're not Communists,” one student argued. “They're coming here because they're running from Communists.” “It doesn't matter,” came the response. “They're Vietnamese aren't they?”
        5. Robert E. Carr, a 40 year old realtor in Valparaiso, said that he had the same fears as the children. “How do you know we're not getting the bad guys?” he asked. “You can't say for sure. Nobody can, and Lord knows we got enough Communist infiltration now.”
        6. “I wouldn't resettle rabbits here, no, nothing else,” declared Gene S. Umskis, 27, another Detroiter, who is studying data processing. “This area is overcrowded now, I don't see why we should sacrifice our jobs and bring in more people. We are not obligated to police the whole world.”
        7. “My parents emigrated, someone had to sponsor them,” said a 49 year old Detroit woman of Polish extraction who works as a cashier to support her seven children because her husband is retired on a disability. “It was not a load on the government or on taxpayers. It's a hard world everywhere. Still, charity begins at home. Keep the Vietnamese in Vietnam. Send funds to help them in their own country.”
        8. “They are a burden on this society,” said Harry Deligter, who has been receiving unemployment compensation since losing his job as a night club pianist last year. “We have enough problems without carrying more unemployed persons.”
        9. “They are out of their environment,” said Rusty Foy, a carpenter. “They can't speak English, and they will be on welfare before they get off the airplane. And who pays for that? We do.”
        10. “Who is going to support them?” asked Lynn Vogelman, a secretary. “Am I going to have a choice whether my taxes are going to support those unfortunate people? If I don't have a choice, I don't want them coming.”
        11. “These people [Vietnamese] that have got the dough and have been selling heroin for the last 10 years, I say no.”
        12. “We are a nation of refugees. Most of us can trace our presence here to the turmoil or oppression of another time and another place. Our nation has been immeasurably enriched by this continuing process. We will not turn our backs on our traditions. We must meet the commitments we have made to other nations and to those who are suffering. In doing so, we will also be renewing our commitments to our ideals.” 
          1. Statement by Secretary of State Cyrus Vance before the Sub-Committee on Immigration, Refugees, and International Law of the House Judiciary Committee, July 31, 1979.
        13. Ford stated, “[T]o ignore the refugees in their hour of need would be to repudiate the values we cherish as a nation of immigrants, and I was not about to let Congress do that.” 
          1. Source: Resettling Vietnamese refugees in the United States.  https://education.nationalgeographic.org/resource/resettling-vietnamese-refugees-united-states/ 
      2. The teacher will give students time to read through the quotes.
        1. Quotes 1–12 were pulled from sources: Wooten, J. T. 1975, May 1 and Kneeland, D. E. 1975, May 2
      3. Prompt: Read the following quotes. What was your initial reaction to American attitudes towards Vietnamese refugees in 1975? Are these attitudes different today? Do you see these similar attitudes used for other minority groups coming to America? 
      4. Students will write their own personal reflections about the quotes and if they find such quotes and attitudes similar in American society today. 
      5. Students will share in groups or pairs their thoughts, then share briefly with the class.
      6. Discussion question by teacher: “This lesson is about refugee and immigration law. Why do you think we started with this activity and how does racism or anti-Vietnamese sentiment have an effect on refugee and immigration law?”
      7. Teacher to introduce that we will now be starting with an overview of Vietnamese refugee law and anti-Vietnamese sentiment. 
    3.  Powerpoint Presentation - Building Context (20 minutes)
      1. Teacher will briefly review the main tenets of the 1975 Indochina Migration and Refugee Assistance Act, the 1980 Refugee Act, the UN-sponsored Orderly Departure Program, and the Humanitarian Operation subprogram under ODP.
        1. Suggested slide deck presentation “Vietnamese Refugee Laws”, https://ucdavis.box.com/s/7g9ktflnhfk86olbmh77ykkyctbv4wc6 
      2. The objective is for students to have a main understanding of basic historical context and effects of major refugee laws surrounding Vietnamese refugees.
      3. As the teacher is presenting, students are instructed to write down the definition, historical context, and its effects on Vietnamese refugees on a chart.
        1. Suggested items for note taking include, but are not limited to: Basic Summary of Law, Historical Context (How was it received? What historical events led to the law? What concerns were negotiated between different sides?), Effects on Vietnamese Refugees (Who did the law include? Who did the law exclude? In what ways did it help certain Vietnamese refugees? In what ways did it disadvantage certain Vietnamese refugees? Could the law have done more? Done less?)
    4. Shared Learning - Graphic Organizer and Source Analysis (20 minutes)
      1. The teacher will put students into pairs. 
      2. For each pair, the teacher will hand the students the source worksheet titled: “Indochina Migration and Refugee Assistance Act of 1975 Sources”
      3. Each student should also be prepared to respond to the following prompts:
        1. Causes: What were some main reasons this law was created? What pressures did the government have to balance? (ex: anti-Vietnamese sentiment) What main historical events influenced this law?
        2. Effects: What aspects or assumptions of previous refugee law did this law base itself on? What new aspects or assumptions were introduced? What are some ways this law helped Vietnamese refugees? What are some ways this law inadvertently hurt Vietnamese refugees?
        3. Narratives: What narrative or story is this law putting forth? How does it present the narrative? What are some main motivations that help the US save face, maintain an empire, or respond to domestic and/or international opinion regarding the plight of Vietnamese refugees? 
      4. The teacher will give the pair silent time to read through the sources and consider the questions.
      5. In the final 15 minutes, the pair will use the source text and the presentation notes to respond to the questions together.  
    5. Cultural Production - Poster Activity (20 minutes)
      1. This activity is designed for students to apply their understanding of the Refugee Act of 1980 and the Orderly Departure Program into independent analysis using their own research. Since students analyzed different sources, this activity is an opportunity for students to learn about the program they did not do deep-reading on.
      2. Groups from the previous activity will be mixed and made into new groups.
        1. Each new group should have half of students who did annotations on the ODP source and half of students who did annotations on the Refugee Act of 1980 source.
      3. New groups will be divided into six separate tasks. 
        1. The entire class will develop two grand posters (each grand poster is made up of three smaller posters by each group), one focusing on the causes, effects, and narratives (three posters) put forth by the ODP program, and one focusing on the causes, effects, and narratives (three posters) put forth by the Refugee Act of 1980. The posters can be created digitally or on large poster paper.
      4. Each group will work on one of the main structures: causes, effects, narratives (total: six posters for two laws). 
        1. NOTE: Group that does effects for ODP should talk about its prominent subprogram, the Humanitarian Operation (HO) and demonstrate who it privileges and who it excludes.
      5. After 15 minutes, three groups of the same program (ODP or Refugee Act) will come together and tape their posters together into a cohesive grand poster. 
      6. The groups will then prepare for a 15-minute presentation (five minutes per mini-poster).
    6. Share-Time: Poster Presentations (10–20 min)
      1. There should be two sets of posters - three mini-posters put together for ODP, and three mini-posters put together for the 1980 Refugee Act.
      2. Each mini-poster group will have three to four minutes to present (one presenter for each mini-poster). 
      3. The teacher should grade the following presentations based on the following criteria:
        1. Neatness of poster
        2. Whether the poster properly addresses the causes, effects, or narratives of the law
        3. The quality of analysis of the law by each group
    7. Reflection: Think-Pair-Share Activity (10 minutes)
      1. After the presentations, the teacher will write the following questions on the board and ask students to reflect on the lesson questions: How have Vietnamese refugees been impacted by US refugee and immigration law? How does the language of the law disadvantage certain ethnic and racial groups in American society?

    Students will apply their understanding of the Refugee Act of 1980 and the Orderly Departure Program into an independent analysis and create a poster presentation on the following key ideas: 

    1. Causes: What were some main reasons this law was created? What pressures did the government have to balance? (ex: anti-Vietnamese sentiment) What main historical events influenced this law?
    2. Effects: What aspects or assumptions of previous refugee law did this law base itself on? What new aspects or assumptions were introduced? What are some ways this law helped Vietnamese refugees? What are some ways this law inadvertently hurts Vietnamese refugees?
    3. Narratives: What narrative or story is this law putting forth? How does it present the narrative? What are some main motivations that help the US save face, maintain an empire, or respond to domestic and/or international opinion regarding the plight of Vietnamese refugees?
    • Engagement: Consider the following method to support with lesson engagement:
      • Encourage and support opportunities for peer interactions and supports (e.g., peer-tutors) 
      • Create cooperative learning groups with clear goals, roles, and responsibilities  
    • Representation: Consider the following method to support with multiple means of representation:
      • Introduce graduated scaffolds that support information processing strategies
    • Action and Expression: Consider the following method to support in presenting their learning in multiple ways:
      • Provide graphic organizers and templates for data collection and organizing information 

     

    For additional ideas to support your students, check out the UDL Guidelines at CAST (2018)  http://udlguidelines.cast.org.

    • Emerging: Consider the following method to support with emerging students:
      • Speaking: Provide sentence frames for pair interactions:
        • In response to a prompt, the teacher offers a sentence frame orally and/or in writing to support expression of student thinking. Frames are adjusted based upon specific grammatical structure, key vocabulary, content learning, and language proficiency level descriptors, etc. Frames are a temporary scaffold that require modification.
    • Expanding: Consider the following method to support with expanding students:
      • Speaking: Scaffold oral reports with note cards and provide time for prior practice
    • Bridging: Consider the following method to support with bridging students:
      • Speaking: Require the use of academic language 
        • Apply domain-­specific vocabulary and general Academic vocabulary in open sentence frames to perform functions, like describing or explaining, that target specific grammatical structures.

     

    For additional guidance around scaffolding for multilingual learners, please consult the following resources:

    1. Two Corners Activity/Mini-Debate - Teachers can facilitate a discussion of how normalization of the US-Vietnam relations ended the policy of providing refugee status to Vietnamese still discriminated against and/or persecuted in Vietnam should lead to debates that affect the world today. The teacher will instruct students that the teacher will ask a question. In one version of this activity, if students agree, they will stand up. If students disagree, they will sit down. In another version of this activity, if students agree, they will walk to one side of the room. If they disagree, they will walk to another side of the room. The teacher will can choose from the following prompts:
      • Should the US pursue normalization with countries such as Cuba, Iran, and North Korea? Why or why not
      • Was the US right in normalizing relations with Vietnam in 1994?
      • Did normalizing relations with Vietnam help Vietnamese refugees?

    The questions should lead to a nuanced discussion about the benefits to each society for normalizing relations, while also taking note how such relations affect how refugees are treated or no longer treated as refugees since the countries prioritize good relations over refugees

    1. Alternative Summative: Thesis Writing Activity - The teacher will also pass out a worksheet detailing the instructions and how to write a thesis, found in the handouts. Based on the sources from the lesson, the students will attempt to answer verbally and informally through discussion of the two central historical questions:
      • How does the legal definitions and personal definitions of immigration status affect attitudes, policies, or discussions about certain immigrant groups in our society?
      • Is the law color-blind? How does the language of the law disadvantage certain ethnic and racial groups in American society?

    Students will then build two thematic historical questions that are more narrow and specific than the central historical questions. Teacher will show how to write a good question, including the structures of claim, evidence, and significance. After writing the questions, students will get into pairs and review each other's historical questions. Students will fill a checklist on whether the questions fulfill the claim, possibility for evidence, and significance, and then will write a revised version of their partners’ historical questions to give back to them. Using the revised version the students wrote FOR their partner (not their question), the students will attempt to answer ONE of their partner’s two historical questions. Teacher input on how to write a good argument (claim, evidence, significance). 

    1. Alternative Summative: Timeline Activity - This activity is designed to be both a summative assessment and closing project to all refugee laws that affect the admission of Vietnamese refugees to the US, specifically boat people. The teacher will assign students into groups. The teacher will instruct the students that will be tasked with creating a timeline written on a long poster (mural-like) of all the Vietnamese refugee laws from 1975 to present day. Timelines must include: 1951 UN Convention and 1967 Protocol, the Indochina Migration and Refugee Assistance Act of 1975, the Refugee Act of 1980, the Orderly Departure Program, the UNHCR Comprehensive Plan of Action, the McCain Amendment/Humanitarian Operation.
      • There must be at least one cause, one effect and one historical event between each of the laws. These should include historical events such as normalization of US-Vietnam relations, anti-Vietnamese sentiment, international outcry after deaths of Vietnamese boat people, etc.

    American Initiative. 2022. Asian American Studies K-12 Frameworkhttps://asianamericanresearchinitiative.org/asian-american-studies-curriculum-framework/ 

    Britt, K. 2020, May 11. English learner toolkit of strategies. California County Superintendents.  https://cacountysupts.org/english-learner-toolkit-of-strategies/

    California Department of Education. 2021. Ethnic studies model curriculum. https://www.cde.ca.gov/ci/cr/cf/esmc.asp 

    California Department of Education & English Learner Support Division. 2012. California English Language Development standards (Electronic Edition) kindergarten through grade 12 (F. Ong & J. McLean, Eds.). California Department of Education.  https://www.cde.ca.gov/sp/el/er/documents/eldstndspublication14.pdf

    California Educators Together. (n.d.). ELA / ELD framework. https://www.caeducatorstogether.org/resources/6537/ela-eld-framework

    CAST. 2018. The UDL guidelines. http://udlguidelines.cast.org

    Lê Espiritu, Y. 2006. The “We-Win-Even-When-We-Lose” Syndrome: US Press Coverage of the Twenty-Fifth Anniversary of the “Fall of Sài Gòn.” American Quarterly58(2), 329–352. http://www.jstor.org/stable/40068366

    Kneeland, D. E. 1975, May 2. Wide Hostility Found To Vietnamese Influx. The New York Times. Retrieved July 30, 2023. https://www.nytimes.com/1975/05/02/archives/wide-hostility-found-to-vietnamese-influx-hostility-found-across.html 

    Resettling Vietnamese refugees in the United States. (n.d.).  https://education.nationalgeographic.org/resource/resettling-vietnamese-refugees-united-states/

    San Diego County Office of Education. (n.d.). Providing appropriate scaffoldinghttps://www.sdcoe.net/educators/multilingual-education-and-global-achievement/oracy-toolkit/providing-appropriate-scaffolding#scaffolding

    Sexias, P. & Morton, T. 2013. The big six: Historical thinking concepts. Nelson Education.

    Times, D. E. K. S. to T. N. Y. 1975, May 2. Wide Hostility Found To Vietnamese Influx. The New York Times.  https://www.nytimes.com/1975/05/02/archives/wide-hostility-found-to-vietnamese-influx-hostility-found-across.html 

    Tulare County Office of Education. (n.d.). Strategies for ELD. https://commoncore.tcoe.org/Content/Public/doc/Alpha-CollectionofELDStrategies.pdf 

    Wooten, J. T. 1975, May 1. The Vietnamese Are Coming and the Town of Niceville, Fla., Doesn't Like It. The New York Times. Retrieved July 30, 2023, from https://www.nytimes.com/1975/05/01/archives/the-vietnamese-are-coming-and-the-town-of-niceville-fla-doesnt-like.html 

    Model Curriculum

    Standard(s)

    Grade(s)