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Presidential Determination

Presidential Determination on FY 1999 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 1999 refugee admissions ceiling at 78,000, with regional allocations across Africa, East Asia, Europe, Latin America/Caribbean, and Near East/South Asia, plus 2,000 unallocated numbers. It also authorizes in-country refugee status processing for persons in Vietnam, Cuba, and the former Soviet Union, and provides 10,000 additional numbers for asylum adjustment to permanent residence.

Federal Register Open PDF 63 FR 55001

Impact dates

  1. FY 1999 refugee admissions ceiling expires

  2. FY 1999 refugee admissions program begins

  3. Secretary of State to report determination to Congress immediately

  4. Secretary of State to publish determination in Federal Register

Key directives

  • Set FY 1999 refugee admissions ceiling at 78,000
  • Allocate regional admissions numbers: Africa 12,000; East Asia 9,000; Europe 48,000 (including 3,000 unfunded for former Soviet Union); Latin America/Caribbean 3,000; Near East/South Asia 4,000; Unallocated 2,000
  • Authorize 10,000 additional numbers for asylum adjustment to permanent resident status under INA section 209(b)
  • Designate persons in Vietnam, Cuba, and former Soviet Union eligible for in-country refugee processing under section 101(a)(42)
  • Authorize Secretary of State to reallocate unused regional numbers with Congressional consultation
  • Require Secretary to consult with Judiciary Committees before using unallocated numbers or reallocating between regions
  • Direct Secretary to report determination to Congress immediately and publish in Federal Register

Who is ordered

Timeline

Immediate

  • Determination effective for FY 1999 (October 1, 1998 - September 30, 1999)
  • Secretary of State authorized to report to Congress and publish in Federal Register

Near term (90d)

  • Refugee admissions program operational under new ceilings beginning FY 1999

Long term

  • Annual refugee admissions policy framework for FY 1999
  • Potential reallocation of regional numbers as needs develop

Risks & tensions

  • 3,000 Europe numbers for former Soviet Union are unfunded, contingent on existing appropriations
  • Unallocated numbers and reallocation require Congressional consultation, creating potential delays
  • Regional allocations may not match actual refugee flows, requiring mid-year adjustments
  • In-country processing designations for Vietnam, Cuba, and former Soviet Union reflect ongoing geopolitical priorities
Presidential Determination: Presidential Determination on FY 1999 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