ExecutiveOrdersEO
DetDeterminationG.W. Bush · R Quiet signal

Presidential Determination

Presidential Determination on FY 2008 Refugee Admissions Numbers and Authorizations of In-Country Refugee Status Pursuant to Sections 207 and 101(a)(42), Respectively, of the Immigration and Nationality Act, and Determination Pursuant to Section 2(b)(2) of the Migration and Refugee Assistance Act, as Amended

President Bush set the FY 2008 refugee admissions ceiling at 80,000, with regional allocations across Africa, East Asia, Europe/Central Asia, Latin America/Caribbean, Near East/South Asia, and a 10,000-person unallocated reserve. The determination also authorized in-country refugee status processing for persons in Vietnam, Cuba, the former Soviet Union, and in exceptional circumstances at any U.S. Embassy.

Federal Register Open PDF 72 FR 58991

Impact dates

  1. FY 2008 refugee admissions ceiling expires

  2. Determination effective for FY 2008 refugee admissions

  3. Report determination to Congress immediately

Key directives

  • Set FY 2008 refugee admissions ceiling at 80,000
  • Allocate 16,000 admissions to Africa, 20,000 to East Asia, 3,000 to Europe/Central Asia, 3,000 to Latin America/Caribbean, 28,000 to Near East/South Asia, 10,000 unallocated reserve
  • Authorize Secretary of State to allocate unallocated reserve to regions as needed upon notifying Congress Judiciary Committees
  • Authorize Secretary of State to transfer unused regional allocations to other regions upon notifying Congress Judiciary Committees
  • Determine that refugee assistance contributes to foreign policy interests under Migration and Refugee Assistance Act
  • Authorize in-country refugee processing for persons in Vietnam, Cuba, former Soviet Union, and exceptional circumstances at any U.S. Embassy
  • Direct Secretary of State to report determination to Congress immediately
  • Direct Secretary of State to publish determination in Federal Register

Who is ordered

Timeline

Immediate

  • 80,000 refugee admissions ceiling takes effect for FY 2008
  • regional allocations established
  • in-country refugee processing authorized for specified locations

Near term (90d)

  • Secretary of State to report determination to Congress immediately
  • publication in Federal Register

Long term

  • FY 2008 refugee admissions program operates under these ceilings through September 30, 2008

Risks & tensions

  • Ceiling is maximum not minimum, creating potential gap between authorized and actual admissions
  • Regional allocations may not match emerging humanitarian crises, requiring reliance on unallocated reserve and transfers
  • In-country processing for Vietnam, Cuba, and former Soviet Union reflects Cold War-era policy priorities that may be questioned
  • Exceptional circumstances clause for any U.S. Embassy provides broad discretionary authority with limited transparency
Presidential Determination: Presidential Determination on FY 2008 Refugee Admissions Numbers and Authorizations of In-Country Refugee Status Pursuant to Sections 207 and 101(a)(42), Respectively, of the Immigration and Nationality Act, and Determination Pursuant to Section 2(b)(2) of the Migration and Refugee Assistance Act, as Amended · Executive Orders