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DetDeterminationObama · D Quiet signal

Presidential Determination

Fiscal Year 2013 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 2013 refugee admissions ceiling at 70,000, with regional allocations across Africa, East Asia, Europe/Central Asia, Latin America/Caribbean, and Near East/South Asia, plus a 3,000 unallocated reserve. 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 77 FR 61507

Impact dates

  1. FY 2013 begins; refugee admissions ceiling applies

  2. Determination signed and effective

  3. Secretary of State to report determination to Congress immediately

  4. Secretary of State to publish determination in Federal Register

Key directives

  • Set FY 2013 refugee admissions ceiling at 70,000
  • Allocate 70,000 admissions across six regional categories with specific numeric limits
  • Authorize 3,000 unallocated reserve for redistribution as needed
  • Authorize Secretary of State to transfer unused regional allocations to other regions upon notification to Congress
  • Authorize in-country refugee status for persons in Cuba, Eurasia/Baltics, Iraq, and exceptional embassy-identified cases
  • 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

  • Determination takes effect for FY 2013 (October 1, 2012 – September 30, 2013)
  • Secretary of State directed to report to Congress immediately
  • Secretary of State directed to publish in Federal Register

Near term (90d)

  • FY 2013 begins October 1, 2012; refugee admissions under new ceilings commence
  • Unallocated reserve of 3,000 may be distributed as needs arise

Long term

  • Annual refugee admissions policy set for full fiscal year
  • Precedent for regional allocation structure and in-country processing authorities

Risks & tensions

  • Regional allocation rigidity vs. dynamic humanitarian needs may create mismatches
  • Low unallocated reserve (3,000, ~4%) limits flexibility for emerging crises
  • In-country processing for Cuba, Iraq, and Eurasia/Baltics reflects ongoing geopolitical priorities; exceptional embassy authority is vague and could be contested
Presidential Determination: Fiscal Year 2013 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