ExecutiveOrdersEO
DetDeterminationBiden · D Quiet signal

Presidential Determination

Presidential Determination on Refugee Admissions for Fiscal Year 2022

This presidential determination sets the U.S. refugee admissions ceiling at 125,000 for Fiscal Year 2022, with regional allocations across six geographic areas. It also designates specific in-country populations (Cuba, Eurasia/Baltics, Iraq, El Salvador/Guatemala/Honduras, and certain embassy-identified persons) as eligible for refugee consideration under the Lautenberg Amendment and related authorities.

Federal Register Open PDF 86 FR 57527

Impact dates

  1. FY 2022 ends (ceiling applicable period end)

  2. FY 2022 begins (ceiling applicable period start)

Key directives

  • Set FY 2022 refugee admissions ceiling at 125,000
  • Allocate admissions across six regional categories with 10,000 unallocated reserve
  • Authorize Secretary of State to allocate unallocated numbers to regional ceilings after notifying Congress Judiciary Committees
  • Authorize Secretary of State to transfer unused regional admissions to other regions after notifying Congress Judiciary Committees
  • Designate overseas refugee assistance as contributing to foreign policy interests under Migration and Refugee Assistance Act
  • Specify in-country refugee eligibility for populations in Cuba, Eurasia/Baltics, Iraq, Northern Triangle, and embassy-identified persons
  • Direct publication in Federal Register

Who is ordered

Timeline

Immediate

  • 125,000 refugee ceiling takes effect for FY 2022 (October 1, 2021 – September 30, 2022)
  • Regional allocations established
  • In-country refugee designations take effect

Near term (90d)

  • Secretary of State may begin allocating unallocated reserve and transferring regional admissions as needs arise

Long term

  • Annual refugee admissions policy framework for FY 2022

Risks & tensions

  • 125,000 ceiling represented major increase from prior administration's historic lows, creating operational capacity challenges
  • Unallocated reserve and transfer provisions provide flexibility but depend on actual administrative processing capacity
  • In-country designations for Northern Triangle and other locations may face political scrutiny
Presidential Determination: Presidential Determination on Refugee Admissions for Fiscal Year 2022 · Executive Orders