ExecutiveOrdersEO
DetDeterminationG.W. Bush · R Quiet signal

Presidential Determination

Presidential Determination on FY 2004 Refugee Admissions Numbers and Authorizations of In-Country Refugee Status Consistent with Sections 207 and 101(a)(42), respectively, of the Immigration and Nationality Act, and Determination Consistent with Section 2 (b) (2) of the Migration and Refugee Assistance Act, as amended

This determination sets the FY 2004 refugee admissions ceiling at 70,000, with regional allocations and a 20,000-person unallocated reserve. It also authorizes in-country refugee processing for persons in Vietnam, Cuba, and the former Soviet Union, and designates 10,000 additional numbers for asylum-adjustment to permanent residence.

Federal Register Open PDF 68 FR 63979

Impact dates

  1. FY 2004 refugee admissions program ends

  2. Report determination to Congress immediately

Key directives

  • Set FY 2004 refugee admissions ceiling at 70,000
  • Allocate 70,000 across six regional categories including 20,000 unallocated reserve
  • Authorize Secretary of State to allocate unallocated numbers upon notification to Judiciary Committees
  • Authorize Secretary of State to transfer unused regional numbers to other regions upon notification to Judiciary Committees
  • Designate overseas refugee admissions program as contributing to foreign policy interests under Migration and Refugee Assistance Act
  • Make 10,000 additional numbers available for asylum adjustment to permanent resident status
  • Specify in-country refugee processing eligibility for persons in Vietnam, Cuba, and former Soviet Union
  • Direct Secretary of State to report determination to Congress immediately
  • Direct Secretary of State to publish determination in Federal Register

Who is ordered

Timeline

Immediate

  • 70,000 refugee admissions ceiling takes effect for FY 2004
  • Regional allocations established
  • In-country refugee processing authorized for Vietnam, Cuba, former Soviet Union

Near term (90d)

  • Secretary of State to report determination to Congress
  • Federal Register publication required

Long term

  • FY 2004 refugee admissions program implementation through September 30, 2004

Risks & tensions

  • Unallocated reserve and transfer authorities give executive flexibility but reduce congressional oversight predictability
  • Amerasian program inclusion within East Asia allocation may obscure true regional refugee flows
  • In-country processing designations for specific countries carry Cold War-era geopolitical implications
Presidential Determination: Presidential Determination on FY 2004 Refugee Admissions Numbers and Authorizations of In-Country Refugee Status Consistent with Sections 207 and 101(a)(42), respectively, of the Immigration and Nationality Act, and Determination Consistent with Section 2 (b) (2) of the Migration and Refugee Assistance Act, as amended · Executive Orders