ExecutiveOrdersEO
DetDeterminationObama · D Quiet signal

Presidential Determination

Fiscal Year 2012 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

This presidential determination sets the FY 2012 refugee admissions ceiling at 76,000, with specific regional allocations including 35,500 for Near East/South Asia and 18,000 for East Asia. It also authorizes in-country refugee status processing for persons in Cuba, Eurasia/the Baltics, Iraq, and exceptional cases identified by U.S. embassies.

Federal Register Open PDF 76 FR 62597

Impact dates

  1. FY 2012 refugee admissions period

  2. Secretary of State to report determination to Congress immediately

Key directives

  • Set FY 2012 refugee admissions ceiling at 76,000
  • Allocate admissions across six regional categories with 3,000 unallocated reserve
  • Authorize Secretary of State to allocate unallocated reserve upon notification to congressional Judiciary Committees
  • Authorize transfer of unused regional allocations to other regions upon notification to Judiciary Committees
  • Designate overseas refugee assistance as contributing to foreign policy interests under Migration and Refugee Assistance Act
  • Authorize in-country refugee status for persons in Cuba, Eurasia/Baltics, Iraq, and exceptional embassy-identified cases
  • Direct Secretary of State to report to Congress and publish in Federal Register

Who is ordered

Timeline

Immediate

  • 76,000 refugee admissions ceiling takes effect for FY 2012
  • regional allocations established
  • in-country refugee processing authorized for specified groups

Near term (90d)

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

Long term

  • refugee admissions processed throughout FY 2012 (October 1, 2011 – September 30, 2012)

Risks & tensions

  • Regional allocation inflexibility may create mismatches between quotas and emerging crises
  • Congressional notification requirements for reallocation create procedural friction
  • Iraq and Near East/South Asia allocation (35,500) reflects ongoing post-war displacement but may be insufficient relative to need
Presidential Determination: Fiscal Year 2012 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