ExecutiveOrdersEO
DetDeterminationObama · D Quiet signal

Presidential Determination

Fiscal Year 2010 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

This presidential determination sets the FY 2010 refugee admissions ceiling at 80,000, with regional allocations across Africa, East Asia, Europe/Central Asia, Latin America/Caribbean, Near East/South Asia, and a 5,000-person unallocated reserve. It also authorizes in-country refugee status processing for persons in Cuba, the former Soviet Union, Iraq, and in exceptional circumstances those identified by any U.S. Embassy.

Federal Register Open PDF 74 FR 52385

Impact dates

  1. Determination effective for FY 2010

  2. Secretary of State to report to Congress immediately

Key directives

  • Set FY 2010 refugee admissions ceiling at 80,000
  • Allocate admissions across six regional categories
  • Authorize 5,000 unallocated reserve for redistribution as needed
  • Authorize transfer of unused regional allocations to other regions with congressional notification
  • Designate in-country refugee processing eligibility for persons in Cuba, former Soviet Union, Iraq, and exceptional cases at any U.S. Embassy
  • Direct Secretary of State to report to Congress immediately and publish in Federal Register

Who is ordered

Timeline

Immediate

  • Determination effective for FY 2010 (October 1, 2009 – September 30, 2010)
  • Secretary of State directed to report to Congress immediately and publish in Federal Register

Near term (90d)

—

Long term

  • 80,000 refugee admissions ceiling governs entire FY 2010
  • Regional allocations may be adjusted via transfers with congressional notification
  • Unallocated reserve of 5,000 may be distributed as needs arise

Risks & tensions

  • Regional allocations may prove mismatched to emerging crises, requiring politically sensitive transfers
  • Near East/South Asia allocation (35,000) heavily weighted toward Iraq; may create tension if other regional needs surge
  • In-country refugee designation for Iraq occurs during ongoing military engagement, raising security vetting concerns
  • 'Exceptional circumstances' clause for Embassy-identified persons provides flexibility but limited transparency
Presidential Determination: Fiscal Year 2010 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 · Executive Orders