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Presidential Determination

Presidential Determination on FY 1997 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 Clinton set the FY 1997 refugee admissions ceiling at 78,000 with regional allocations, plus 10,000 additional numbers for asylees adjusting to permanent resident status. The determination also authorized in-country refugee processing for persons in Vietnam, Cuba, and the former Soviet Union, and designated overseas refugee assistance as serving U.S. foreign policy interests under the Migration and Refugee Assistance Act.

Federal Register Open PDF 61 FR 56869

Impact dates

  1. FY 1997 refugee admissions ceiling expires

Key directives

  • Admit up to 78,000 refugees during FY 1997
  • Allocate 78,000 admissions across six regional categories with 5,000 unallocated
  • Authorize 10,000 additional admissions for asylee adjustments to permanent resident status under INA section 209(b)
  • Designate overseas refugee assistance as contributing to foreign policy interests under Migration and Refugee Assistance Act section 2(b)(2)
  • Specify in-country refugee processing eligibility for persons in Vietnam, Cuba, and former Soviet Union
  • Require consultation with Congressional Judiciary Committees before using unallocated numbers or reallocating between regions
  • Report determination to Congress immediately and publish in Federal Register

Who is ordered

Timeline

Immediate

  • 78,000 refugee admissions ceiling takes effect for FY 1997
  • 10,000 additional numbers for asylee adjustments available
  • In-country refugee processing authorized for Vietnam, Cuba, former Soviet Union

Near term (90d)

  • Secretary of State to report determination to Congress and publish in Federal Register

Long term

  • FY 1997 regional allocations in effect through September 30, 1997

Risks & tensions

  • Regional allocation rigidity vs. fluid humanitarian needs may create pressure for reallocation
  • Requirement for Congressional Judiciary Committee consultation before reallocation creates procedural friction
  • Former Soviet Union allocation (48,000) heavily dominates ceiling, reflecting post-Cold War priorities that may draw scrutiny
Presidential Determination: Presidential Determination on FY 1997 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