DetDeterminationBiden · D Quiet signal

Presidential Determination

Presidential Determination on Refugee Admissions for Fiscal Year 2023

This determination sets the U.S. refugee admissions ceiling at 125,000 for Fiscal Year 2023, with regional allocations across five geographic areas plus a 5,000-person unallocated reserve. It also designates specific in-country populations (Cuba, Eurasia/Baltics, Iraq, El Salvador/Guatemala/Honduras, and certain embassy-identified persons) as eligible for refugee consideration under the Lautenberg Amendment provisions.

Impact dates

  1. FY 2023 refugee admissions program begins

Key directives

  • Set FY 2023 refugee admissions ceiling at 125,000
  • Allocate admissions across five regional ceilings totaling 120,000 with 5,000 unallocated reserve
  • Authorize Secretary of State to allocate unallocated reserve upon notification to congressional Judiciary Committees
  • Authorize Secretary of State to transfer unused regional admissions to other regions upon congressional notification
  • Designate overseas refugee assistance as contributing to foreign policy interests under Migration and Refugee Assistance Act
  • Specify in-country refugee eligibility for persons in Cuba, Eurasia/Baltics, Iraq, El Salvador/Guatemala/Honduras, and embassy-identified persons
  • Direct publication in Federal Register

Who is ordered

Timeline

Immediate

  • FY 2023 refugee ceiling of 125,000 takes effect October 1, 2022
  • Regional allocations and unallocated reserve authorized
  • In-country refugee designations for specified populations activated

Near term (90d)

  • Secretary of State may begin allocating unallocated reserve to regions as needs arise
  • Regional transfers of unused admissions may occur with congressional notification

Long term

  • FY 2023 refugee admissions program operates through September 30, 2023
  • Precedent for 125,000 ceiling may influence future year determinations

Risks & tensions

  • Actual admissions historically fall below authorized ceilings due to processing capacity constraints
  • 125,000 ceiling maintains prior administration's raised level but may face operational challenges
  • Regional transfer authority requires congressional notification but not approval, creating potential inter-branch friction
  • In-country designations for Central America may overlap with other migration pathways, creating program confusion
Presidential Determination: Presidential Determination on Refugee Admissions for Fiscal Year 2023 · Executive Orders