Aliens and Nationality - 8 USC Section 1157

01/03/05

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.

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.

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; Pub. L.
108-7, div. G, title II, Sec. 213(1), Feb. 20, 2003, 117 Stat. 324;
Pub. L. 108-199, div. E, title II, Sec. 213(1), Jan. 23, 2004, 118
Stat. 253; Pub. L. 108-447, div. F, title II, Sec. 213(1), Dec. 8,
2004, 118 Stat. 3139, 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,[;]
"(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; and
"(C) one or more categories of aliens who are or were
nationals and residents of the Islamic Republic or Iran who, as
members of a religious minority in Iran, 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.
"(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, 2002,
2003, 2004, 2005, and 2006 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, 2005.
"(2) Subsection (c) shall apply to decisions made after the
date of the enactment of this Act and before October 1, 2005.
"(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, 2005."
[Pub. L. 108-447, Sec. 213(1)(A), which directed amendment of
section 599D(b)(3) of Pub. L. 101-167, set out above, by
substituting "1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005,
and 2006" for "1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, and
2005", was executed by making the substitution for "1997, 1998,
1999, 2000, 2001, 2002, 2003, and 2004" to reflect the probable
intent of Congress.]
[Pub. L. 108-199, Sec. 213(1)(A), which directed amendment of
section 599D(b)(3) of Pub. L. 101-167, set out above, by
substituting "1997, 1998, 1999, 2000, 2001, 2002, 2003, and 2004"
for "1997, 1998, 1999, 2000, 2001, 2002, and 2003", was executed by
making the substitution for "1997, 1998, 1999, 2000, 2001, 2002 and
2003" to reflect the probable intent of Congress.]
[Pub. L. 108-7, Sec. 213(1)(A), which directed amendment of
section 599D(b)(3) of Pub. L. 101-167, set out above, by
substituting "1997, 1998, 1999, 2000, 2001, 2002 and 2003" for
"1997, 1998, 1999, 2000, and 2001", was executed by making the
substitution for "1997, 1998, 1999, 2000, 2001, and 2002" to
reflect the probable intent of Congress.]
[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. 2004-53, Sept. 30, 2004, 69 F.R.
60943.
Presidential Determination No. 2004-06, Oct. 21, 2003, 68 F.R.
63979.
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.

Last modified: June 14, 2006

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