ExecutiveOrdersEO
DetDeterminationG.W. Bush · R Quiet signal

Presidential Determination

Fiscal Year 2009 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 2009 refugee admissions ceiling at 80,000, with regional allocations across six geographic areas, and authorizes in-country refugee status processing for persons in Vietnam, Cuba, the former Soviet Union, Iraq, and exceptional cases identified by U.S. Embassies. It provides the Secretary of State with flexibility to reallocate 5,000 unreserved admissions and transfer unused regional allocations with congressional notification.

Federal Register Open PDF 73 FR 58865

Impact dates

  1. FY 2009 refugee admissions ceiling expires

  2. FY 2009 begins; refugee admissions ceiling takes effect

  3. Determination effective; Secretary of State to report to Congress immediately

Key directives

  • Set FY 2009 refugee admissions ceiling at 80,000 maximum
  • Allocate 80,000 across six regional categories with 5,000 unallocated reserve
  • Authorize Secretary of State to allocate unreserved admissions to regions as needed after notifying Congress Judiciary Committees
  • Authorize Secretary of State to transfer unused regional admissions to other regions with congressional notification
  • Designate overseas refugee admissions program as contributing to foreign policy interests per Migration and Refugee Assistance Act
  • Specify in-country refugee processing eligibility for persons in Vietnam, Cuba, former Soviet Union, Iraq, and exceptional U.S. Embassy-identified cases
  • Direct Secretary of State to report determination to Congress immediately and publish in Federal Register

Who is ordered

Timeline

Immediate

  • Determination takes effect for FY 2009 (October 1, 2008 – September 30, 2009)
  • Secretary of State authorized to report to Congress and publish in Federal Register

Near term (90d)

  • Refugee admissions begin under new ceiling and regional allocations

Long term

  • Annual refugee admissions policy framework continues pending subsequent year determinations

Risks & tensions

  • Ceiling is maximum not minimum, creating tension between humanitarian goals and actual admissions
  • Regional allocations may not match emergent refugee crises during fiscal year
  • Iraq inclusion reflects ongoing war context; high Near East/South Asia allocation (37,000) suggests prioritization of Iraqi and related refugee flows
  • Unallocated reserve of only 5,000 (6.25%) provides limited flexibility for unanticipated crises
  • Congressional notification requirements for reallocation create procedural friction but not veto power
Presidential Determination: Fiscal Year 2009 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