Emergency Presidential Determination on Refugee Admissions for Fiscal Year 2021

This determination revises the FY 2021 refugee admissions cap and regional allocations, superseding the Trump administration's earlier determination (PD 2021-02). It raises the total refugee ceiling to 15,000 and expands eligibility to include persons from Burma, DRC, Ethiopia, Hong Kong, Xinjiang, South Sudan, Syria, Venezuela, Cuba, Eurasia and the Baltics, Iraq, Honduras, Guatemala, and El Salvador, while requiring consistency with Biden's EO 14013 on refugee resettlement.

Federal Register Open PDF 86 FR 21159

Impact dates

Date TBD
Potential subsequent determination if 15,000 admissions reached before fiscal year end
Sep 30, 2021
FY 2021 allocations apply through end of fiscal year (September 30, 2021)

Key directives

Revise FY 2021 refugee admissions allocations across six regional categories totaling 15,000
Authorize Secretary of State to use unallocated reserve and transfer unused allocations between categories after notifying Judiciary Committees
Expand in-country refugee processing eligibility to Cuba, Eurasia/Baltics, Iraq, Honduras, Guatemala, El Salvador, and special embassy/NGO-referred cases
Require refugee resettlement consistency with EO 14013
Designate overseas refugee applicants as contributing to foreign policy interests under Migration and Refugee Assistance Act
Publish determination in Federal Register

Who is ordered

Secretary of State · Department of State

Timeline

Immediate

Revised FY 2021 refugee allocations take effect
PD 2021-02 superseded
Eligibility expansion for in-country processing activated

Near term (90d)

State Department implementation of revised regional allocations
Potential use of unallocated reserve and inter-category transfers

Long term

Possible subsequent determination to increase admissions if 15,000 cap reached before September 30, 2021
Integration with EO 14013 climate migration planning

Risks & tensions

Low 15,000 cap maintained from Trump-era policy despite Biden campaign pledge of 125,000, creating tension with progressive advocates
Regional allocation structure may not match actual emergent refugee flows
In-country processing expansion for Central America may face operational capacity constraints
Supersession of PD 2021-02 partially unwinds prior administration but preserves low numerical ceiling