§ 1157. — Annual admission of refugees and admission of emergency situation refugees.
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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 8USC1157]
TITLE 8--ALIENS AND NATIONALITY
CHAPTER 12--IMMIGRATION AND NATIONALITY
SUBCHAPTER II--IMMIGRATION
Part I--Selection System
Sec. 1157. Annual admission of refugees and admission of
emergency situation refugees
(a) Maximum number of admissions; increases for humanitarian concerns;
allocations
(1) Except as provided in subsection (b) of this section, the number
of refugees who may be admitted under this section in fiscal year 1980,
1981, or 1982, may not exceed fifty thousand unless the President
determines, before the beginning of the fiscal year and after
appropriate consultation (as defined in subsection (e) of this section),
that admission of a specific number of refugees in excess of such number
is justified by humanitarian concerns or is otherwise in the national
interest.
(2) Except as provided in subsection (b) of this section, the number
of refugees who may be admitted under this section in any fiscal year
after fiscal year 1982 shall be such number as the President determines,
before the beginning of the fiscal year and after appropriate
consultation, is justified by humanitarian concerns or is otherwise in
the national interest.
(3) Admissions under this subsection shall be allocated among
refugees of special humanitarian concern to the United States in
accordance with a determination made by the President after appropriate
consultation.
(4) In the determination made under this subsection for each fiscal
year (beginning with fiscal year 1992), the President shall enumerate,
with the respective number of refugees so determined, the number of
aliens who were granted asylum in the previous year.
(5) For any fiscal year, not more than a total of 1,000 refugees may
be admitted under this subsection or granted asylum under section 1158
of this title pursuant to a determination under the third sentence of
section 1101(a)(42) of this title (relating to persecution for
resistance to coercive population control methods).
(b) Determinations by President respecting number of admissions for
humanitarian concerns
If the President determines, after appropriate consultation, that
(1) an unforeseen emergency refugee situation exists, (2) the admission
of certain refugees in response to the emergency refugee situation is
justified by grave humanitarian concerns or is otherwise in the national
interest, and (3) the admission to the United States of these refugees
cannot be accomplished under subsection (a) of this section, the
President may fix a number of refugees to be admitted to the United
States during the succeeding period (not to exceed twelve months) in
response to the emergency refugee situation and such admissions shall be
allocated among refugees of special humanitarian concern to the United
States in accordance with a determination made by the President after
the appropriate consultation provided under this subsection.
(c) Admission by Attorney General of refugees; criteria; admission
status of spouse or child; applicability of other statutory
requirements; termination of refugee status of alien, spouse or
child
(1) Subject to the numerical limitations established pursuant to
subsections (a) and (b) of this section, the Attorney General may, in
the Attorney General's discretion and pursuant to such regulations as
the Attorney General may prescribe, admit any refugee who is not firmly
resettled in any foreign country, is determined to be of special
humanitarian concern to the United States, and is admissible (except as
otherwise provided under paragraph (3)) as an immigrant under this
chapter.
(2)(A) A spouse or child (as defined in section 1101(b)(1)(A), (B),
(C), (D), or (E) of this title) of any refugee who qualifies for
admission under paragraph (1) shall, if not otherwise entitled to
admission under paragraph (1) and if not a person described in the
second sentence of section 1101(a)(42) of this title, be entitled to the
same admission status as such refugee if accompanying, or following to
join, such refugee and if the spouse or child is admissible (except as
otherwise provided under paragraph (3)) as an immigrant under this
chapter. Upon the spouse's or child's admission to the United States,
such admission shall be charged against the numerical limitation
established in accordance with the appropriate subsection under which
the refugee's admission is charged.
(B) An unmarried alien who seeks to accompany, or follow to join, a
parent granted admission as a refugee under this subsection, and who was
under 21 years of age on the date on which such parent applied for
refugee status under this section, shall continue to be classified as a
child for purposes of this paragraph, if the alien attained 21 years of
age after such application was filed but while it was pending.
(3) The provisions of paragraphs (4), (5), and (7)(A) of section
1182(a) of this title shall not be applicable to any alien seeking
admission to the United States under this subsection, and the Attorney
General may waive any other provision of such section (other than
paragraph (2)(C) or subparagraph (A), (B), (C), or (E) of paragraph (3))
with respect to such an alien for humanitarian purposes, to assure
family unity, or when it is otherwise in the public interest. Any such
waiver by the Attorney General shall be in writing and shall be granted
only on an individual basis following an investigation. The Attorney
General shall provide for the annual reporting to Congress of the number
of waivers granted under this paragraph in the previous fiscal year and
a summary of the reasons for granting such waivers.
(4) The refugee status of any alien (and of the spouse or child of
the alien) may be terminated by the Attorney General pursuant to such
regulations as the Attorney General may prescribe if the Attorney
General determines that the alien was not in fact a refugee within the
meaning of section 1101(a)(42) of this title at the time of the alien's
admission.
(d) Oversight reporting and consultation requirements
(1) Before the start of each fiscal year the President shall report
to the Committees on the Judiciary of the House of Representatives and
of the Senate regarding the foreseeable number of refugees who will be
in need of resettlement during the fiscal year and the anticipated
allocation of refugee admissions during the fiscal year. The President
shall provide for periodic discussions between designated
representatives of the President and members of such committees
regarding changes in the worldwide refugee situation, the progress of
refugee admissions, and the possible need for adjustments in the
allocation of admissions among refugees.
(2) As soon as possible after representatives of the President
initiate appropriate consultation with respect to the number of refugee
admissions under subsection (a) of this section or with respect to the
admission of refugees in response to an emergency refugee situation
under subsection (b) of this section, the Committees on the Judiciary of
the House of Representatives and of the Senate shall cause to have
printed in the Congressional Record the substance of such consultation.
(3)(A) After the President initiates appropriate consultation prior
to making a determination under subsection (a) of this section, a
hearing to review the proposed determination shall be held unless public
disclosure of the details of the proposal would jeopardize the lives or
safety of individuals.
(B) After the President initiates appropriate consultation prior to
making a determination, under subsection (b) of this section, that the
number of refugee admissions should be increased because of an
unforeseen emergency refugee situation, to the extent that time and the
nature of the emergency refugee situation permit, a hearing to review
the proposal to increase refugee admissions shall be held unless public
disclosure of the details of the proposal would jeopardize the lives or
safety of individuals.
(e) ``Appropriate consultation'' defined
For purposes of this section, the term ``appropriate consultation''
means, with respect to the admission of refugees and allocation of
refugee admissions, discussions in person by designated Cabinet-level
representatives of the President with members of the Committees on the
Judiciary of the Senate and of the House of Representatives to review
the refugee situation or emergency refugee situation, to project the
extent of possible participation of the United States therein, to
discuss the reasons for believing that the proposed admission of
refugees is justified by humanitarian concerns or grave humanitarian
concerns or is otherwise in the national interest, and to provide such
members with the following information:
(1) A description of the nature of the refugee situation.
(2) A description of the number and allocation of the refugees
to be admitted and an analysis of conditions within the countries
from which they came.
(3) A description of the proposed plans for their movement and
resettlement and the estimated cost of their movement and
resettlement.
(4) An analysis of the anticipated social, economic, and
demographic impact of their admission to the United States.
(5) A description of the extent to which other countries will
admit and assist in the resettlement of such refugees.
(6) An analysis of the impact of the participation of the United
States in the resettlement of such refugees on the foreign policy
interests of the United States.
(7) Such additional information as may be appropriate or
requested by such members.
To the extent possible, information described in this subsection shall
be provided at least two weeks in advance of discussions in person by
designated representatives of the President with such members.
(f) Training
(1) The Attorney General, in consultation with the Secretary of
State, shall provide all United States officials adjudicating refugee
cases under this section with the same training as that provided to
officers adjudicating asylum cases under section 1158 of this title.
(2) Such training shall include country-specific conditions,
instruction on the internationally recognized right to freedom of
religion, instruction on methods of religious persecution practiced in
foreign countries, and applicable distinctions within a country between
the nature of and treatment of various religious practices and
believers.
(June 27, 1952, ch. 477, title II, ch. 1, Sec. 207, as added Pub. L. 96-
212, title II, Sec. 201(b), Mar. 17, 1980, 94 Stat. 103; amended Pub. L.
100-525, Sec. 9(h), Oct. 24, 1988, 102 Stat. 2620; Pub. L. 101-649,
title I, Sec. 104(b), title VI, Sec. 603(a)(4), Nov. 29, 1990, 104 Stat.
4985, 5082; Pub. L. 102-232, title III, Sec. 307(l)(1), Dec. 12, 1991,
105 Stat. 1756; Pub. L. 104-208, div. C, title VI, Sec. 601(b), Sept.
30, 1996, 110 Stat. 3009-689; Pub. L. 105-292, title VI, Sec. 602(a),
Oct. 27, 1998, 112 Stat. 2812; Pub. L. 107-208, Sec. 5, Aug. 6, 2002,
116 Stat. 929.)
Prior Provisions
A prior section 1157, act June 27, 1952, ch. 477, title II, ch. 1,
Sec. 207, 66 Stat. 181, prohibited issuance of immigrant visas to other
immigrants in lieu of immigrants excluded from admission, immigrants
deported, immigrants failing to apply for admission to the United
States, or immigrants found to be nonquota immigrants after having
previously been found to be quota immigrants, prior to repeal by Pub. L.
89-236, Sec. 7, Oct. 3, 1965, 79 Stat. 916.
Amendments
2002--Subsec. (c)(2). Pub. L. 107-208 designated existing provisions
as subpar. (A) and added subpar. (B).
1998--Subsec. (f). Pub. L. 105-292 added subsec. (f).
1996--Subsec. (a)(5). Pub. L. 104-208 added par. (5).
1991--Subsec. (c)(3). Pub. L. 102-232 substituted ``subparagraph
(A)'' for ``subparagraphs (A)''.
1990--Subsec. (a)(4). Pub. L. 101-649, Sec. 104(b), added par. (4).
Subsec. (c)(3). Pub. L. 101-649, Sec. 603(a)(4), substituted ``(4),
(5), and (7)(A)'' for ``(14), (15), (20), (21), (25), and (32)'' and
``(other than paragraph (2)(C) or subparagraphs (A), (B), (C), or (E) of
paragraph (3))'' for ``(other than paragraph (27), (29), or (33) and
other than so much of paragraph (23) as relates to trafficking in
narcotics)''.
1988--Subsec. (c)(1). Pub. L. 100-525 substituted ``otherwise'' for
``otherwide''.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107-208 effective Aug. 6, 2002, and applicable
to certain beneficiary aliens, see section 8 of Pub. L. 107-208, set out
as a note under section 1151 of this title.
Effective Date of 1991 Amendment
Section 307(l) of Pub. L. 102-232 provided that the amendments made
by that section [amending this section, sections 1159, 1161, 1187, 1188,
1254a, 1255a, and 1322 of this title, and provisions set out as notes
under sections 1101 and 1255 of this title] are effective as if included
in section 603(a) of the Immigration Act of 1990, Pub. L. 101-649.
Effective Date of 1990 Amendment
Amendment by section 104(b) of Pub. L. 101-649 effective Nov. 29,
1990, and (unless otherwise provided) applicable to fiscal year 1991,
see section 161(b) of Pub. L. 101-649, set out as a note under section
1101 of this title.
Amendment by section 603(a)(4) of Pub. L. 101-649 applicable to
individuals entering United States on or after June 1, 1991, see section
601(e)(1) of Pub. L. 101-649, set out as a note under section 1101 of
this title.
Effective Date
Section (with the exception of subsec. (c) which is effective Apr.
1, 1980) effective, except as otherwise provided, Mar. 17, 1980, and
applicable to fiscal years beginning with the fiscal year beginning Oct.
1, 1979, see section 204 of Pub. L. 96-212, set out as an Effective Date
of 1980 Amendment note under section 1101 of this title.
Abolition of Immigration and Naturalization Service and Transfer of
Functions
For abolition of Immigration and Naturalization Service, transfer of
functions, and treatment of related references, see note set out under
section 1551 of this title.
Bring Them Home Alive Program
Pub. L. 106-484, Nov. 9, 2000, 114 Stat. 2195, as amended by Pub. L.
107-258, Sec. 2, Oct. 29, 2002, 116 Stat. 1738, provided that:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Bring Them Home Alive Act of 2000'.
``SEC. 2. AMERICAN VIETNAM WAR POW/MIA ASYLUM PROGRAM.
``(a) Asylum for Eligible Aliens.--Notwithstanding any other
provision of law, the Attorney General shall grant refugee status in the
United States to any alien described in subsection (b), upon the
application of that alien.
``(b) Eligibility.--Refugee status shall be granted under subsection
(a) to--
``(1) any alien who--
``(A) is a national of Vietnam, Cambodia, Laos, China, or
any of the independent states of the former Soviet Union; and
``(B) personally delivers into the custody of the United
States Government a living American Vietnam War POW/MIA; and
``(2) any parent, spouse, or child of an alien described in
paragraph (1).
``(c) Definitions.--In this section:
``(1) American vietnam war pow/mia.--
``(A) In general.--Except as provided in subparagraph (B),
the term `American Vietnam War POW/MIA' means an individual--
``(i) who is a member of a uniformed service (within the
meaning of section 101(3) of title 37, United States Code)
in a missing status (as defined in section 551(2) of such
title and this subsection) as a result of the Vietnam War;
or
``(ii) who is an employee (as defined in section 5561(2)
of title 5, United States Code) in a missing status (as
defined in section 5561(5) of such title) as a result of the
Vietnam War.
``(B) Exclusion.--Such term does not include an individual
with respect to whom it is officially determined under section
552(c) of title 37, United States Code, that such individual is
officially absent from such individual's post of duty without
authority.
``(2) Missing status.--The term `missing status', with respect
to the Vietnam War, means the status of an individual as a result of
the Vietnam War if immediately before that status began the
individual--
``(A) was performing service in Vietnam; or
``(B) was performing service in Southeast Asia in direct
support of military operations in Vietnam.
``(3) Vietnam war.--The term `Vietnam War' means the conflict in
Southeast Asia during the period that began on February 28, 1961,
and ended on May 7, 1975.
``SEC. 3. AMERICAN KOREAN WAR POW/MIA ASYLUM PROGRAM.
``(a) Asylum for Eligible Aliens.--Notwithstanding any other
provision of law, the Attorney General shall grant refugee status in the
United States to any alien described in subsection (b), upon the
application of that alien.
``(b) Eligibility.--Refugee status shall be granted under subsection
(a) to--
``(1) any alien--
``(A) who is a national of North Korea, China, or any of the
independent states of the former Soviet Union; and
``(B) who personally delivers into the custody of the United
States Government a living American Korean War POW/MIA; and
``(2) any parent, spouse, or child of an alien described in
paragraph (1).
``(c) Definitions.--In this section:
``(1) American korean war pow/mia.--
``(A) In general.--Except as provided in subparagraph (B),
the term `American Korean War POW/MIA' means an individual--
``(i) who is a member of a uniformed service (within the
meaning of section 101(3) of title 37, United States Code)
in a missing status (as defined in section 551(2) of such
title and this subsection) as a result of the Korean War; or
``(ii) who is an employee (as defined in section 5561(2)
of title 5, United States Code) in a missing status (as
defined in section 5561(5) of such title) as a result of the
Korean War.
``(B) Exclusion.--Such term does not include an individual
with respect to whom it is officially determined under section
552(c) of title 37, United States Code, that such individual is
officially absent from such individual's post of duty without
authority.
``(2) Korean war.--The term `Korean War' means the conflict on
the Korean peninsula during the period that began on June 27, 1950,
and ended January 31, 1955.
``(3) Missing status.--The term `missing status', with respect
to the Korean War, means the status of an individual as a result of
the Korean War if immediately before that status began the
individual--
``(A) was performing service in the Korean peninsula; or
``(B) was performing service in Asia in direct support of
military operations in the Korean peninsula.
``SEC. 3A. AMERICAN PERSIAN GULF WAR POW/MIA ASYLUM PROGRAM.
``(a) Asylum for Eligible Aliens.--Notwithstanding any other
provision of law, the Attorney General shall grant refugee status in the
United States to any alien described in subsection (b), upon the
application of that alien.
``(b) Eligibility.--
``(1) In general.--Except as provided in paragraph (2), an alien
described in this subsection is--
``(A) any alien who--
``(i) is a national of Iraq or a nation of the Greater
Middle East Region (as determined by the Attorney General in
consultation with the Secretary of State); and
``(ii) personally delivers into the custody of the
United States Government a living American Persian Gulf War
POW/MIA; and
``(B) any parent, spouse, or child of an alien described in
subparagraph (A).
``(2) Exceptions.--An alien described in this subsection does
not include a terrorist, a persecutor, a person who has been
convicted of a serious criminal offense, or a person who presents a
danger to the security of the United States, as set forth in clauses
(i) through (v) of section 208(b)(2)(A) of the Immigration and
Nationality Act (8 U.S.C. 1158(b)(2)(A)).
``(c) Definitions.--In this section:
``(1) American persian gulf war pow/mia.--
``(A) In general.--Except as provided in subparagraph (B),
the term `American Persian Gulf War POW/MIA' means an
individual--
``(i) who is a member of a uniformed service (within the
meaning of section 101(3) of title 37, United States Code)
in a missing status (as defined in section 551(2) of such
title and this subsection) as a result of the Persian Gulf
War, or any successor conflict, operation, or action; or
``(ii) who is an employee (as defined in section 5561(2)
of title 5, United States Code) in a missing status (as
defined in section 5561(5) of such title) as a result of the
Persian Gulf War, or any successor conflict, operation, or
action.
``(B) Exclusion.--Such term does not include an individual
with respect to whom it is officially determined under section
552(c) of title 37, United States Code, that such individual is
officially absent from such individual's post of duty without
authority.
``(2) Missing status.--The term `missing status', with respect
to the Persian Gulf War, or any successor conflict, operation, or
action, means the status of an individual as a result of the Persian
Gulf War, or such conflict, operation, or action, if immediately
before that status began the individual--
``(A) was performing service in Kuwait, Iraq, or another
nation of the Greater Middle East Region; or
``(B) was performing service in the Greater Middle East
Region in direct support of military operations in Kuwait or
Iraq.
``(3) Persian gulf war.--The term `Persian Gulf War' means the
period beginning on August 2, 1990, and ending on the date
thereafter prescribed by Presidential proclamation or by law.''
``SEC. 4. BROADCASTING INFORMATION ON THE `BRING THEM HOME ALIVE'
PROGRAM.
``(a) Requirement.--
``(1) In general.--The International Broadcasting Bureau shall
broadcast, through WORLDNET Television and Film Service and Radio,
VOA-TV, VOA Radio, or otherwise, information that promotes the
`Bring Them Home Alive' refugee program under this Act to foreign
countries covered by paragraph (2).
``(2) Covered countries.--The foreign countries covered by
paragraph (1) are--
``(A) Vietnam, Cambodia, Laos, China, and North Korea;
``(B) Russia and the other independent states of the former
Soviet Union; and
``(C) Iraq, Kuwait, or any other country of the Greater
Middle East Region (as determined by the International
Broadcasting Bureau in consultation with the Attorney General
and the Secretary of State).
``(b) Level of Programming.--The International Broadcasting Bureau
shall broadcast--
``(1) at least 20 hours of the programming described in
subsection (a)(1) during the 30-day period that begins 15 days after
the date of enactment of this Act [Nov. 9, 2000]; and
``(2) at least 10 hours of the programming described in
subsection (a)(1) in each calendar quarter during the period
beginning with the first calendar quarter that begins after the date
of enactment of this Act and ending five years after the date of
enactment of this Act.
``(c) Availability of Information on the Internet.--The
International Broadcasting Bureau shall ensure that information
regarding the `Bring Them Home Alive' refugee program under this Act is
readily available on the World Wide Web sites of the Bureau.
``(d) Sense of Congress.--It is the sense of Congress that RFE/RL,
Incorporated, Radio Free Asia, and any other recipient of Federal grants
that engages in international broadcasting to the countries covered by
subsection (a)(2) should broadcast information similar to the
information required to be broadcast by subsection (a)(1).
``(e) Definition.--The term `International Broadcasting Bureau'
means the International Broadcasting Bureau of the United States
Information Agency or, on and after the effective date of title XIII of
the Foreign Affairs Reform and Restructuring Act of 1998 (as contained
in division G of Public Law 105-277) [see Effective Date note set out
under section 6531 of Title 22, Foreign Relations and Intercourse], the
International Broadcasting Bureau of the Broadcasting Board of
Governors.
``SEC. 5. INDEPENDENT STATES OF THE FORMER SOVIET UNION DEFINED.
``In this Act, the term `independent states of the former Soviet
Union' has the meaning given the term in section 3 of the FREEDOM
Support Act (22 U.S.C. 5801).''
Gender-Related Persecution Task Force
Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title II,
Sec. 254], Nov. 29, 1999, 113 Stat. 1536, 1501A-432, provided that:
``(a) Establishment of Task Force.--The Secretary of State, in
consultation with the Attorney General and other appropriate Federal
agencies, shall establish a task force with the goal of determining
eligibility guidelines for women seeking refugee status overseas due to
gender-related persecution.
``(b) Report.--Not later than 1 year after the date of the enactment
of this Act [Nov. 29, 1999], the Secretary of State shall prepare and
submit to the Congress a report outlining the guidelines determined by
the task force under subsection (a).''
Establishing Categories of Aliens for Purposes of Refugee Determinations
Pub. L. 101-167, title V, Sec. 599D, Nov. 21, 1989, 103 Stat. 1261,
as amended by Pub. L. 101-513, title V, Sec. 598(a), Nov. 5, 1990, 104
Stat. 2063; Pub. L. 102-391, title V, Sec. 582(a)(1), (b)(1), (c), Oct.
6, 1992, 106 Stat. 1686; Pub. L. 102-511, title IX, Sec. 905(a), (b)(1),
(c), Oct. 24, 1992, 106 Stat. 3356; Pub. L. 103-236, title V,
Sec. 512(1), Apr. 30, 1994, 108 Stat. 466; Pub. L. 104-208, div. A,
title I, Sec. 101(c) [title V, Sec. 575(1)], Sept. 30, 1996, 110 Stat.
3009-121, 3009-168; Pub. L. 104-319, title I, Sec. 101(1), Oct. 19,
1996, 110 Stat. 3865; Pub. L. 105-118, title V, Sec. 574(1), Nov. 26,
1997, 111 Stat. 2432; Pub. L. 105-277, div. A, Sec. 101(f) [title VII,
Sec. 705(1)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-389; Pub. L. 106-
113, div. B, Sec. 1000(a)(4) [title II, Sec. 214(1)], Nov. 29, 1999, 113
Stat. 1535, 1501A-240; Pub. L. 106-554, Sec. 1(a)(1) [title II,
Sec. 212(1)], Dec. 21, 2000, 114 Stat. 2763, 2763A-27; Pub. L. 107-116,
title II, Sec. 213(1), Jan. 10, 2002, 115 Stat. 2200, provided that:
``(a) In General.--In the case of an alien who is within a category
of aliens established under subsection (b), the alien may establish, for
purposes of admission as a refugee under section 207 of the Immigration
and Nationality Act [8 U.S.C. 1157], that the alien has a well-founded
fear of persecution on account of race, religion, nationality,
membership in a particular social group, or political opinion by
asserting such a fear and asserting a credible basis for concern about
the possibility of such persecution.
``(b) Establishment of Categories.--
``(1) For purposes of subsection (a), the Attorney General, in
consultation with the Secretary of State and the Coordinator for
Refugee Affairs, shall establish--
``(A) one or more categories of aliens who are or were
nationals and residents of an independent state of the former
Soviet Union or of Estonia, Latvia, or Lithuania and who share
common characteristics that identify them as targets of
persecution in that state on account of race, religion,
nationality, membership in a particular social group, or
political opinion, and
``(B) one or more categories of aliens who are or were
nationals and residents of Vietnam, Laos, or Cambodia and who
share common characteristics that identify them as targets of
persecution in such respective foreign state on such an account.
``(2)(A) Aliens who are (or were) nationals and residents of an
independent state of the former Soviet Union or of Estonia, Latvia,
or Lithuania and who are Jews or Evangelical Christians shall be
deemed a category of alien established under paragraph (1)(A).
``(B) Aliens who are (or were) nationals of an independent state
of the former Soviet Union or of Estonia, Latvia, or Lithuania and
who are current members of, and demonstrate public, active, and
continuous participation (or attempted participation) in the
religious activities of, the Ukrainian Catholic Church or the
Ukrainian Orthodox Church, shall be deemed a category of alien
established under paragraph (1)(A).
``(C) Aliens who are (or were) nationals and residents of
Vietnam, Laos, or Cambodia and who are members of categories of
individuals determined, by the Attorney General in accordance with
`Immigration and Naturalization Service Worldwide Guidelines for
Overseas Refugee Processing' (issued by the Immigration and
Naturalization Service in August 1983) shall be deemed a category of
alien established under paragraph (1)(B).
``(3) Within the number of admissions of refugees allocated for
for [sic] each of fiscal years 1990, 1991, and 1992 for refugees who
are nationals of the Soviet Union under section 207(a)(3) of the
Immigration and Nationality Act [8 U.S.C. 1157(a)(3)] and within the
number of such admissions allocated for each of fiscal years 1993,
1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, and 2002 for
refugees who are nationals of the independent states of the former
Soviet Union, Estonia, Latvia, and Lithuania under such section,
notwithstanding any other provision of law, the President shall
allocate one thousand of such admissions for such fiscal year to
refugees who are within the category of aliens described in
paragraph (2)(B).
``(c) Written Reasons for Denials of Refugee Status.--Each decision
to deny an application for refugee status of an alien who is within a
category established under this section shall be in writing and shall
state, to the maximum extent feasible, the reason for the denial.
``(d) Permitting Certain Aliens Within Categories to Reapply for
Refugee Status.--Each alien who is within a category established under
this section and who (after August 14, 1988, and before the date of the
enactment of this Act [Nov. 21, 1989]) was denied refugee status shall
be permitted to reapply for such status. Such an application shall be
determined taking into account the application of this section.
``(e) Period of Application.--
``(1) Subsections (a) and (b) shall take effect on the date of
the enactment of this Act [Nov. 21, 1989] and shall only apply to
applications for refugee status submitted before October 1, 2002.
``(2) Subsection (c) shall apply to decisions made after the
date of the enactment of this Act and before October 1, 2002.
``(3) Subsection (d) shall take effect on the date of the
enactment of this Act and shall only apply to reapplications for
refugee status submitted before October 1, 2002.''
[Except as otherwise provided, Secretary of State to have and
exercise any authority vested by law in any official or office of
Department of State and references to such officials or offices deemed
to refer to Secretary of State or Department of State, as appropriate,
see section 2651a of Title 22, Foreign Relations and Intercourse, and
section 161(d) of Pub. L. 103-236, set out as a note under section 2651a
of Title 22.]
El Salvadoran Refugees
Pub. L. 97-113, title VII, Sec. 731, Dec. 29, 1981, 95 Stat. 1557,
provided that: ``It is the sense of the Congress that the administration
should continue to review, on a case-by-case basis, petitions for
extended voluntary departure made by citizens of El Salvador who claim
that they are subject to persecution in their homeland, and should take
full account of the civil strife in El Salvador in making decisions on
such petitions.''
Time for Determinations by President for Fiscal Year 1980
Section 204(d)(1) of Pub. L. 96-212 provided that: ``Notwithstanding
section 207(a) of the Immigration and Nationality Act (as added by
section 201(b) of this title [subsec. (a) of this section], the
President may make the determination described in the first sentence of
such section not later than forty-five days after the date of the
enactment of this Act [Mar. 17, 1980] for fiscal year 1980.''
Presidential Determination Concerning Admission and Adjustment of Status
of Refugees
Determinations by the President pursuant to this section concerning
the admission and adjustment of status of refugees for particular fiscal
years were contained in the following Presidential Determinations:
Presidential Determination No. 03-02, Oct. 16, 2002, 67 F.R. 65469.
Presidential Determination No. 02-04, Nov. 21, 2001, 66 F.R. 63487.
Presidential Determination No. 2000-32, Sept. 29, 2000, 65 F.R.
59697.
Presidential Determination No. 99-45, Sept. 30, 1999, 64 F.R. 54505.
Presidential Determination No. 99-33, Aug. 12, 1999, 64 F.R. 47341.
Presidential Determination No. 98-39, Sept. 30, 1998, 63 F.R. 55001.
Presidential Determination No. 97-37, Sept. 30, 1997, 62 F.R. 53219.
Presidential Determination No. 96-59, Sept. 30, 1996, 61 F.R. 56869.
Presidential Determination No. 95-48, Sept. 29, 1995, 60 F.R. 53091.
Presidential Determination No. 95-1, Oct. 1, 1994, 59 F.R. 52393.
Presidential Determination No. 94-1, Oct. 1, 1993, 58 F.R. 52213.
Presidential Determination No. 93-1, Oct. 2, 1992, 57 F.R. 47253.
Presidential Determination No. 92-2, Oct. 9, 1991, 56 F.R. 51633.
Presidential Determination No. 91-3, Oct. 12, 1990, 55 F.R. 41979.
Presidential Determination No. 90-2, Oct. 6, 1989, 54 F.R. 43035.
Presidential Determination No. 89-15, June 19, 1989, 54 F.R. 31493.
Presidential Determination No. 89-2, Oct. 5, 1988, 53 F.R. 45249.
Presidential Determination No. 88-16, May 20, 1988, 53 F.R. 21405.
Presidential Determination No. 88-01, Oct. 5, 1987, 52 F.R. 42073.
Presidential Determination No. 87-1, Oct. 17, 1986, 51 F.R. 39637.
Presidential Determination No. 83-2, Oct. 11, 1982, 47 F.R. 46483.
Presidential Determination No. 82-1, Oct. 10, 1981, 46 F.R. 55233.
Presidential Determination No. 80-28, Sept. 30, 1980, 45 F.R. 68365.
Ex. Ord. No. 12208. Consultations on the Admission of Refugees
Ex. Ord. No. 12208, Apr. 15, 1980, 45 F.R. 25789, as amended by Ex.
Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617; Ex. Ord. No. 13286,
Sec. 49, Feb. 28, 2003, 68 F.R. 10628, provided:
By the authority vested in me as President by the Constitution and
laws of the United States of America, including the Refugee Act of 1980
(P.L. 96-212; 8 U.S.C. 1101 note), the Immigration and Nationality Act,
as amended (8 U.S.C. 1101 et seq.), and Section 301 of Title 3 of the
United States Code, it is hereby ordered as follows:
1-101. Exclusive of the functions otherwise delegated, or reserved
to the President, by this Order, there are hereby delegated to the
Secretary of State and the Secretary of Homeland Security, or either of
them, the functions of initiating and carrying out appropriate
consultations with members of the Committees on the Judiciary of the
Senate and of the House of Representatives for purposes of Sections
101(a)(42)(B) and 207(a), (b), (d), and (e) of the Immigration and
Nationality Act, as amended (8 U.S.C. 1101(a)(42)(B) and 1157(a), (b),
(d), and (e)).
1-102. There are reserved to the President the following functions
under the Immigration and Nationality Act, as amended [8 U.S.C. 1101 et
seq.].
(a) To specify special circumstances for purposes of qualifying
persons as refugees under Section 101(a)(42)(B) [8 U.S.C.
1101(a)(42)(B)].
(b) To make determinations under Sections 207(a)(1), 207(a)(2),
207(a)(3) and 207(b) [8 U.S.C. 1157(a)(1) to (3) and (b)].
(c) To fix the number of refugees to be admitted under Section
207(b).
1-103. Except to the extent inconsistent with this Order, all
actions previously taken pursuant to any function delegated or assigned
by this Order shall be deemed to have been taken and authorized by this
Order.
Section Referred to in Other Sections
This section is referred to in sections 1101, 1151, 1159, 1181,
1182, 1225, 1252, 1324b, 1522, 1612, 1613, 1622, 1641, 1738 of this
title; title 7 section 2015; title 18 section 842; title 22 sections
4703, 6472, 7105; title 42 sections 608, 1382j, 1436a, 1869c.