Presidential Determination No. 2004-53 of September 30, 2004
Presidential Determination on FY 2005 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
Memorandum for the Secretary of State
In accordance with section 207 of the Immigration and Nationality Act (the "Act")
(8 U.S.C. 1157), as amended, and after appropriate consultations with the Congress,
I hereby make the following determinations and authorize the following actions:
The admission of up to 70,000 refugees to the United States during FY 2005 is
justified by humanitarian concerns or is otherwise in the national interest; provided,
however, that this number shall be understood as including persons admitted to
the United States during FY 2005 with Federal refugee resettlement assistance
under the Amerasian immigrant admissions program, as provided below.
The 70,000 admissions numbers shall be allocated among refugees of special humanitarian
concern to the United States in accordance with the following regional allocations;
provided, however, that the number allocated to the East Asia region shall include
persons admitted to the United States during FY 2005 with Federal refugee resettlement
assistance under section 584 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act of 1988, as contained in section 101(e) of
Public Law 100-202 (Amerasian immigrants and their family members); provided further
that the number allocated to the former Soviet Union shall include persons admitted
who were nationals of the former Soviet Union, or in the case of persons having
no nationality, who were habitual residents of the former Soviet Union, prior
to September 2, 1991:
| Africa |
20,000 |
| East Asia |
13,000 |
| Europe and Central Asia |
9,500 |
| Latin America/Caribbean |
5,000 |
| Near East/South Asia |
2,500 |
| Unallocated Reserve |
20,000 |
The 20,000 unallocated refugee numbers shall be allocated to regional ceilings
as needed. Upon providing notification to the Judiciary Committees of the Congress,
you are hereby authorized to use unallocated numbers in regions where the need
for additional numbers arises.
Additionally, upon notification to the Judiciary Committees of the Congress, you
are further authorized to transfer unused numbers allocated to a particular region
to one or more other regions, if there is a need for greater numbers for the region
or regions to which the numbers are being transferred. Consistent with section
2(b)(2) of the Migration and Refugee Assistance Act of 1962, as amended, I hereby
determine that assistance to or on behalf of persons applying for admission to
the United States as part of the overseas refugee admissions program will contribute
to the foreign policy interests of the United States and designate such persons
for this purpose.
An additional 10,000 refugee admissions numbers shall be made available during
FY 2005 for the adjustment to permanent resident status under section 209(b) of
the Immigration and Nationality Act (8 U.S.C. 1159(b)) of aliens who have been
granted asylum in the United States under section 208 of the Act (8 U.S.C. 1158),
as this is justified by humanitarian concerns or is otherwise in the national
interest.
In accordance with section 101(a)(42) of the Act (8 U.S.C. 1101(a)(42)), and after
appropriate consultation with the Congress, I also specify that, for FY 2005,
the following persons may, if otherwise qualified, be considered refugees for
the purpose of admission to the United States within their countries of nationality
or habitual residence:
| a. |
Persons in Vietnam |
| b. |
Persons in Cuba |
| c. |
Persons in the former Soviet Union |
| d. |
In exceptional circumstances, persons identified by a U.S. Embassy in
and location |
You are authorized and directed to report this determination to the Congress immediately
and to publish it in the Federal Register.
(Presidential Sig.)B
THE WHITE HOUSE,
Washington, September 30, 2004.
For complete Federal Register Notice, please click
here.
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