8 U.S. Code § 1157 - Annual admission of refugees and admission of emergency situation refugees
If the President determines, afterappropriate consultation, that (1) an unforeseen emergency refugeesituation exists, (2) the admission of certain refugeesin response to the emergency refugeesituation is justified by grave humanitarian concerns or is otherwise in the nationalinterest, and (3) the admission to the United Statesof these refugeescannot be accomplished under subsection (a), the President may fix a number of refugeesto be admitted to the United Statesduring the succeeding period (not to exceed twelve months) in response to the emergency refugeesituation and such admissions shall be allocated among refugeesof special humanitarian concern to the United Statesin accordance with a determination made by the President after theappropriate consultation provided under this subsection.
This chapter, referred to in subsec. (c)(1), (2)(A), was in the original, “this Act”, meaning act June 27, 1952, ch. 477,66 Stat. 163, known as theImmigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out undersection 1101 of this title and Tables.
A prior section 1157, act June 27, 1952, ch. 477, title II, ch. 1, § 207,66 Stat. 181, prohibited issuance of immigrant visasto 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 byPub. L. 89–236, § 7,Oct. 3, 1965,79 Stat. 916.
2005—Subsec. (a)(5).Pub. L. 109–13 struck out par. (5) which read as follows: “For any fiscal year, not more than a total of 1,000 refugeesmay be admitted under this subsection or granted asylum undersection 1158 of this title pursuant to a determination under the third sentence ofsection 1101(a)(42) of this title (relating to persecution for resistance to coercive population control methods).”
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, § 104(b), added par. (4).
Subsec. (c)(3).Pub. L. 101–649, § 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”.
Pub. L. 109–13, div. B, title I, § 101(h)(5),May 11, 2005,119 Stat. 306, provided that:
Amendment byPub. L. 107–208 effectiveAug. 6, 2002, and applicable to certain beneficiary aliens, seesection 8 of Pub. L. 107–208, set out as a note undersection 1151 of this title.
Pub. L. 102–232, title III, § 307(l),Dec. 12, 1991,105 Stat. 1756, 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 theImmigration Act of 1990,Pub. L. 101–649.
Amendment bysection 104(b) of Pub. L. 101–649 effectiveNov. 29, 1990, and (unless otherwise provided) applicable to fiscal year 1991, seesection 161(b) of Pub. L. 101–649, set out as a note undersection 1101 of this title.
Amendment bysection 603(a)(4) of Pub. L. 101–649 applicable to individuals entering United Stateson or afterJune 1, 1991, seesection 601(e)(1) of Pub. L. 101–649, set out as a note undersection 1101 of this title.
Section (with the exception of subsec. (c) which is effectiveApr. 1, 1980) effective, except as otherwise provided,Mar. 17, 1980, and applicable to fiscal years beginning with the fiscal year beginningOct. 1, 1979, seesection 204 of Pub. L. 96–212, set out as an Effective Date of 1980 Amendment note undersection 1101 of this title.
For abolition of Immigration andNaturalization Service, transfer of functions, and treatment of related references, see note set out undersection 1551 of this title.
Pub. L. 110–181, div. A, title XII, subtitle C,Jan. 28, 2008,122 Stat. 395, as amended byPub. L. 110–242, § 1,June 3, 2008,122 Stat. 1567;Pub. L. 111–84, div. A, title VIII, § 813(d),Oct. 28, 2009,123 Stat. 2407;Pub. L. 111–118, div. A, title VIII, § 8120(a),Dec. 19, 2009,123 Stat. 3457;Pub. L. 111–383, div. A, title X, § 1075(f)(9), (10),Jan. 7, 2011,124 Stat. 4376;Pub. L. 113–42, § 1,Oct. 4, 2013,127 Stat. 552;Pub. L. 113–66, div. A, title XII, § 1218,Dec. 26, 2013,127 Stat. 910;Pub. L. 117–31, title IV, § 403(c),July 30, 2021,135 Stat. 319, provided that:
“There are authorized to be appropriated such sums as may be necessary to carry out this subtitle.”
[Pub. L. 117–31, § 403(c)(4), which directed amendment ofsection 1244(b)(3) of Pub. L. 110–181, set out above, by substituting “(A)In general.—An alienis described” for “An alienis described” before “in this subsection”, was executed by making the substitution for “An alienis”, to reflect the probable intent ofCongress and the intervening amendment bysection 403(c)(1) of Pub. L. 117–31, which had struck out the word “described” before “in this subsection”.]
[Pub. L. 110–242, § 1(1), which directed amendment ofsection 1244(c)(1) of Pub. L. 110–181, set out above, by substituting “fiscal years 2008 through 2012” for “each of the five years beginning after the date of the enactment of this Act”, was executed by making the substitution for “each of the five fiscal years beginning after the date of the enactment of this Act” to reflect the probable intent ofCongress.]
Pub. L. 106–484,Nov. 9, 2000,114 Stat. 2195, as amended byPub. L. 107–258, § 2,Oct. 29, 2002,116 Stat. 1738, provided that:
“SEC. 4. BROADCASTING INFORMATION ON THE ‘BRING THEM HOME ALIVE’ PROGRAM.
“(a)Requirement.—
“(1)In general.—TheInternational Broadcasting Bureau shall broadcast, through WORLDNET Television and Film Serviceand Radio, VOA–TV, VOA Radio, or otherwise, information that promotes the ‘Bring Them Home Alive’ refugeeprogram 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 independentstates of the former Soviet Union; and
“(C) Iraq, Kuwait, or any other country of the Greater Middle East Region (as determined by theInternational Broadcasting Bureau in consultation with the Attorney Generaland the Secretary of State).
“(b)Level of Programming.—TheInternational 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.—TheInternational Broadcasting Bureau shall ensure that information regarding the ‘Bring Them Home Alive’ refugeeprogram under this Act is readily available on the World Wide Web sites of the Bureau.
“(d)Sense ofCongress.—It is the sense ofCongress 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 theInternational Broadcasting Bureau of the United StatesInformation Agency or, on and after the effective date of title XIII of theForeign Affairs Reform and Restructuring Act of 1998 (as contained in division G ofPublic Law 105–277) [see Effective Date note set out undersection 6531 of Title 22, Foreign Relations and Intercourse], theInternational Broadcasting Bureau of theBroadcasting Board of Governors [now United StatesAgency for Global Media].
“SEC. 5. INDEPENDENTSTATES OF THE FORMER SOVIET UNION DEFINED.
“In this Act, the term ‘independentstates of the former Soviet Union’ has the meaning given the term in section 3 of theFREEDOM Support Act (22 U.S.C. 5801).”
Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title II, § 254],Nov. 29, 1999,113 Stat. 1536, 1501A–432, provided that:
Pub. L. 101–167, title V, § 599D,Nov. 21, 1989,103 Stat. 1261, as amended byPub. L. 101–513, title V, § 598(a),Nov. 5, 1990,104 Stat. 2063;Pub. L. 102–391, title V, § 582(a)(1), (b)(1), (c),Oct. 6, 1992,106 Stat. 1686;Pub. L. 102–511, title IX, § 905(a), (b)(1), (c),Oct. 24, 1992,106 Stat. 3356;Pub. L. 103–236, title V, § 512(1),Apr. 30, 1994,108 Stat. 466;Pub. L. 104–208, div. A, title I, § 101(c) [title V, § 575(1)],Sept. 30, 1996,110 Stat. 3009–121, 3009–168;Pub. L. 104–319, title I, § 101(1),Oct. 19, 1996,110 Stat. 3865;Pub. L. 105–118, title V, § 574(1),Nov. 26, 1997,111 Stat. 2432;Pub. L. 105–277, div. A, § 101(f) [title VII, § 705(1)],Oct. 21, 1998,112 Stat. 2681–337, 2681–389;Pub. L. 106–113, div. B, § 1000(a)(4) [title II, § 214(1)],Nov. 29, 1999,113 Stat. 1535, 1501A–240;Pub. L. 106–554, § 1(a)(1) [title II, § 212(1)],Dec. 21, 2000,114 Stat. 2763, 2763A–27;Pub. L. 107–116, title II, § 213(1),Jan. 10, 2002,115 Stat. 2200;Pub. L. 108–7, div. G, title II, § 213(1),Feb. 20, 2003,117 Stat. 324;Pub. L. 108–199, div. E, title II, § 213(1),Jan. 23, 2004,118 Stat. 253;Pub. L. 108–447, div. F, title II, § 213(1),Dec. 8, 2004,118 Stat. 3139;Pub. L. 109–102, title V, § 534(m)(1),Nov. 14, 2005,119 Stat. 2211;Pub. L. 109–289, div. B, title II, § 20412(b)(1), as added byPub. L. 110–5, § 2,Feb. 15, 2007,121 Stat. 25;Pub. L. 110–161, div. J, title VI, § 634(k)(1),Dec. 26, 2007,121 Stat. 2329;Pub. L. 111–8, div. H, title VII, § 7034(g)(1),Mar. 11, 2009,123 Stat. 878;Pub. L. 111–117, div. F, title VII, § 7034(f)(1),Dec. 16, 2009,123 Stat. 3361;Pub. L. 112–10, div. B, title XI, § 2121(m)(1),Apr. 15, 2011,125 Stat. 186;Pub. L. 112–74, div. I, title VII, § 7034(r)(1),Dec. 23, 2011,125 Stat. 1218;Pub. L. 113–6, div. F, title VII, § 1706(h)(1),Mar. 26, 2013,127 Stat. 430;Pub. L. 113–76, div. K, title VII, § 7034(m)(8)(A),Jan. 17, 2014,128 Stat. 516;Pub. L. 113–235, div. J, title VII, § 7034(l)(8)(A),Dec. 16, 2014,128 Stat. 2625;Pub. L. 114–113, div. K, title VII, § 7034(k)(8)(A),Dec. 18, 2015,129 Stat. 2765;Pub. L. 115–31, div. J, title VII, § 7034(k)(5)(A),May 5, 2017,131 Stat. 651;Pub. L. 115–141, div. K, title VII, § 7034(l)(5)(A),Mar. 23, 2018,132 Stat. 895;Pub. L. 116–6, div. F, title VII, § 7034(m)(5)(A),Feb. 15, 2019,133 Stat. 327;Pub. L. 116–94, div. G, title VII, § 7034(l)(5)(A),Dec. 20, 2019,133 Stat. 2873;Pub. L. 116–260, div. K, title VII, § 7034(l)(5)(A),Dec. 27, 2020,134 Stat. 1750;Pub. L. 117–103, div. K, title VII, § 7034(l)(5)(A),Mar. 15, 2022,136 Stat. 623;Pub. L. 117–328, div. K, title VII, § 7034(l)(2)(A),Dec. 29, 2022,136 Stat. 5033;Pub. L. 118–47, div. F, title VII, § 7034(k)(2)(A),Mar. 23, 2024,138 Stat. 791;Pub. L. 119–4, div. A, title XII, § 11208(a)(1),Mar. 15, 2025,139 Stat. 37, provided that:
[Pub. L. 109–102, § 534(m)(1)(A), which directed amendment ofsection 599D(b)(3) of Pub. L. 101–167, set out above, by substituting “2005, and 2006” for “and 2005”, could not be executed.]
[Pub. L. 108–447, § 213(1)(A), which directed amendment ofsection 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 ofCongress.]
[Pub. L. 108–199, § 213(1)(A), which directed amendment ofsection 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 ofCongress.]
[Pub. L. 108–7, § 213(1)(A), which directed amendment ofsection 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 ofCongress.]
[Except as otherwise provided, Secretary ofState to have and exercise any authority vested by law in any official or office ofDepartment of State and references to such officials or offices deemed to refer to Secretary of StateorDepartment of State, as appropriate, seesection 2651a of Title 22, Foreign Relations and Intercourse, andsection 161(d) of Pub. L. 103–236, set out as a note undersection 2651a of Title 22.]
Pub. L. 97–113, title VII, § 731,Dec. 29, 1981,95 Stat. 1557, provided that:
Pub. L. 96–212, title II, § 204(d)(1),Mar. 17, 1980,94 Stat. 109, provided that:
For delegation of Congressional reporting functions of President under subsec. (d) of this section, see section 1 ofEx. Ord. No. 13313,July 31, 2003,68 F.R. 46073, set out as a note undersection 301 of Title 3, The President.
Ex. Ord. No. 12208,Apr. 15, 1980,45 F.R. 25789, as amended byEx. Ord. No. 12608,Sept. 9, 1987,52 F.R. 34617;Ex. Ord. No. 13286, § 49,Feb. 28, 2003,68 F.R. 10628, provided:
By the authority vested in me as President by the Constitution and laws of theUnited States of America, including theRefugee Act of 1980 (P.L. 96–212;8 U.S.C. 1101 note), theImmigration and Nationality Act, as amended (8 U.S.C. 1101 et seq.), andSection 301 of Title 3 of the United StatesCode, it is hereby ordered as follows:
1–101. Exclusive of the functions otherwise delegated, or reserved to the President, by this Order, there are hereby delegated to the Secretary ofState and theSecretary of Homeland Security, or either of them, the functions of initiating and carrying out appropriate consultationswith members of the Committees on the Judiciary of theSenate and of theHouse of Representatives for purposes of Sections 101(a)(42)(B) and 207(a), (b), (d), and (e) of theImmigration and Nationality Act, as amended (8 U.S.C. 1101(a)(42)(B) and 1157(a), (b), (d), and (e)).
1–102. There are reserved to the President the following functions under theImmigration and Nationality Act, as amended [8 U.S.C. 1101 et seq.].
(a) To specify special circumstances for purposes of qualifying persons asrefugees underSection 101(a)(42)(B) [8 U.S.C. 1101(a)(42)(B)].
(b) To make determinations under Sections207(a)(1),207(a)(2),207(a)(3) and207(b) [8 U.S.C. 1157(a)(1) to (3) and (b)].
(c) To fix the number ofrefugees to be admitted under Section 207(b).
1–103. Except to the extent inconsistent with this Order, all actions previously taken pursuant to any function delegated or assigned by this Order shall be deemed to have been taken and authorized by this Order.
Ex. Ord. No. 14013,Feb. 4, 2021,86 F.R. 8839, provided:
By the authority vested in me as President by the Constitution and the laws of theUnited States of America, including theImmigration and Nationality Act,8 U.S.C. 1101 et seq., I hereby order as follows:
Section 1. Policy. The long tradition of the United Statesas a leader in refugeeresettlement provides a beacon of hope for persecuted people around the world, promotes stability in regions experiencing conflict, and facilitates international collaboration to address the global refugeecrisis. Through the United StatesRefugee Admissions Program (USRAP), the Federal Government, cooperating with private partners and American citizens in communities across the country, demonstrates the generosity and core values of our Nation, while benefitting from the many contributions that refugeesmake to our country. Accordingly, it shall be the policy of my Administration that:
(a) USRAP and other humanitarian programs shall be administered in a manner that furthers our values as a Nation and is consistent with our domestic law, international obligations, and the humanitarian purposes expressed by theCongress in enacting theRefugee Act of 1980,Public Law 96–212 [see Tables for classification].
(b) USRAP should be rebuilt and expanded, commensurate with global need and the purposes described above.
(c) Delays in administering USRAP and other humanitarian programs are counter to ournational interests, can raise grave humanitarian concerns, and should be minimized.
(d) Security vetting for USRAP applicants and applicants for other humanitarian programs should be improved to be more efficient, meaningful, and fair, and should be complemented by sound methods of fraud detection to ensure program integrity and protectnational security.
(e) Although access toUnited States humanitarian programs is generally discretionary, the individuals applying for immigration benefits under these programs must be treated with dignity and respect, without improper discrimination on the basis of race, religion, nationalorigin, or other grounds, and should be afforded procedural safeguards.
(f)United States humanitarian programs should be administered in a manner that ensures transparency and accountability and reflects the principle that reunifying families is in the nationalinterest.
(g) My Administration shall seek opportunities to enhance access to therefugee program for people who are more vulnerable to persecution, including women, children, and other individuals who are at risk of persecution related to their gender, gender expression, or sexual orientation.
(h) Executive departments and agencies (agencies) should explore the use of all available authorities for humanitarian protection to assist individuals for whom USRAP is unavailable.
(i) To meet the challenges of restoring and expanding USRAP, theUnited States must innovate, including by effectively employing technology and capitalizing on community and private sponsorship of refugees, while continuing to partner with resettlement agencies for reception and placement.
(j) TheSpecial Immigrant Visa (SIV) programs for Iraqi and Afghan allies provide humanitarian protection to nationalsof Iraq and Afghanistan experiencing an ongoing, serious threat because they provided faithful and valuable serviceto the United States, including its troops serving in those countries. The Federal Government should ensure that these important programs are administered without undue delay.
Sec. 2. Revocation, Rescission, and Reporting. (a)Executive Order 13815 ofOctober 24, 2017 (Resuming the United StatesRefugee Admissions Program With Enhanced Vetting Capabilities) [former8 U.S.C. 1182 note], andExecutive Order 13888 ofSeptember 26, 2019 (Enhancing Stateand Local Involvement in RefugeeResettlement) [former8 U.S.C. 1522 note], are revoked.
(b) The Presidential Memorandum ofMarch 6, 2017 (Implementing Immediate Heightened Screening and Vetting of Applications for Visas and Other Immigration Benefits, Ensuring Enforcement of All Laws for Entry Into the United States, and Increasing Transparency Among Departments and Agencies of the Federal Government and for the American People) [former8 U.S.C. 1182 note], is revoked.
(c) Within 90 days of the date of this order [Feb. 4, 2021], the Secretary of Stateand theSecretary of Homeland Security shall provide a report to the President, through the Assistant to the President for NationalSecurity Affairs (APNSA), describing all agency actions, including memoranda or guidance documents, that were taken or issued in reliance on or in furtherance of the directives revoked by subsections (a) and (b) of this section. This report shall include recommendations regarding whether each action should be maintained, reversed, or modified, consistent with applicable law and as appropriate for the fair, efficient, and secure administration of the relevant humanitarian program or otherwise in the nationalinterest.
Sec. 3. Special ImmigrantVisas for Iraqi and Afghan Allies. (a) Within 180 days of the date of this order, the Secretary of State, in consultation with theSecretary of Defense and theSecretary of Homeland Security, shall complete a review of the Iraqi and Afghan SIV programs and submit a report to the President with recommendations to address any concerns identified. The report shall include:
(i) an assessment of agency compliance with existing law governing the SIV programs, including program eligibility requirements and procedures for administrative review;
(ii) an assessment of whether there are undue delays in meeting statutory benchmarks for timely adjudication of applications, including due to insufficient staffing levels;
(iii) a plan to provide training, guidance, and oversight with respect to theNational Visa Center’s processing of SIV applications;
(iv) a plan to track the progress of the Senior Coordinators as provided under section 1245 of theRefugee Crisis in Iraq Act of 2007 (RCIA), subtitle C of title XII ofPublic Law 110–181 [set out in a note above], and section 602(b)(2)(D)(ii)(II) of theAfghan Allies Protection Act of 2009 (AAPA), title VI of division F ofPublic Law 111–8 [8 U.S.C. 1101 note], as amended; and
(v) an assessment of whether adequate guidelines exist for reconsidering or reopening applications in appropriate circumstances and consistent with applicable law.
(b) The Secretary ofState, in consultation with theSecretary of Defense, shall also direct a review of the procedures for Chief of Mission approval of applications with the aim of, as appropriate and consistent with applicable law:
(i) ensuring existing procedures and guidance are sufficient to permit prospective applicants a fair opportunity to apply and demonstrate eligibility;
(ii) issuing guidance that would address situations where an applicant’s employer is unable or unwilling to provide verification of the applicant’s “faithful and valuableservice,” and provide for alternative forms of verification;
(iii) revising requirements to facilitate the ability of applicants to demonstrate the existence of a qualifying contract with theUnited States Government and require that the supervisor verifying the applicant’s “faithful and valuable service” be aUnited States citizen or national;
(iv) ensuring that applicants are not prejudiced by delays in verifying their employment; and
(v) implementing anti-fraud measures to ensure program integrity.
(c) Within 180 days of the date of this order, the Secretary ofState shall submit to the President the results of the review described in subsection (b) of this section.
(d) Within 180 days of the date of this order, the Secretary ofState, in consultation with theSecretary of Defense and theSecretary of Homeland Security, shall conduct a review and submit a report to the President identifying whether additional populations not currently provided for under section 1059 of theNational Defense Authorization Act for Fiscal Year 2006,Public Law 109–163 [8 U.S.C. 1101 note], section 1244 of the RCIA, or section 602 of the AAPA are at risk as a result of their faithful and valuable serviceto the United StatesGovernment. The review should also evaluate whether it would be appropriate to seek legislation that would create a SIV program for individuals, regardless of nationality, who faithfully assisted the United StatesGovernment in conflict areas for at least 1 year or made exceptional contributions in a shorter period and have experienced or are experiencing an ongoing serious threat as a result of their service.
(e) Within 180 days of the date of this order, the Secretary ofState and theSecretary of Homeland Security shall ensure that appropriate policies and procedures related to the SIV programs are publicly available on their respective agency’s websites, and that any revisions to such policies and procedures in the future are made publicly available on those websites within 30 days of issuance.
Sec. 4. Steps to Improve the Efficacy, Integrity, Security, and Transparency of USRAP. (a) Consistent with the policy set forth in section 1 of this order and to facilitate this order’s effective and expeditious implementation:
(i) The APNSA shall designate aNational Security Council Senior Director to be responsible for coordinating the agencies and vetting partners involved in USRAP.
(ii) The Secretary ofState shall designate a senior-level employee to have primary responsibility for overseeingrefugee application processing, consistent with applicable law.
(iii) TheSecretary of Homeland Security shall designate a senior-level employee to have primary responsibility for coordinating the review and any revision of policies and procedures regarding the vetting and adjudication of USRAP refugeeapplicants, including follow-to-join refugeeapplicants and post-decisional processing, consistent with applicable law.
(iv) The Director of theOffice of Management and Budget shall assign a team of technology, process, and data experts from the United StatesDigital Serviceto assist agencies in streamlining application processing, improving the automation and effectiveness of security vetting and fraud detection, and strengthening data-driven decision-making.
(b) Within 30 days of the date of this order, the Secretary ofState and theSecretary of Homeland Security shall provide the President a report on the fraud detection measures in place for USRAP. The report shall also include a plan to enhance fraud detection within components at both agencies and recommendations for the development of new anti-fraud programs, as appropriate and consistent with applicable law.
(c) TheSecretary of Homeland Security, in consultation with the Secretary of State, shall promptly consider taking all appropriate actions, consistent with applicable law, to expand refugeevetting and adjudication capacity, including by:
(i) developing more efficient processes to capture and sharerefugee applicant biometric data; and
(ii) permitting the use of video and audio teleconferencing to conductrefugee interviews and establishing the necessary infrastructure to do so.
(d) To increaserefugee adjudication capacity, theOffice of Personnel Management shall, consistent with applicable law, support the use of all hiring authorities, including expanded use of direct hiring authority, for positions associated with the adjudication of refugeeapplications.
(e) Within 30 days of the date of this order, the heads of all agencies involved in the Security Advisory Opinion process and other inter-agency vetting processes forrefugee applicants, including follow-to-joinrefugee applicants, shall submit data to theNational Vetting Governance Board on the number of staff performing refugeesecurity vetting, the thresholds for checks, and the rates at which checks have returned an objection. Such data shall be disaggregated by age range, gender, and nationality of the refugeeapplicant. TheNational Vetting Governance Board shall meet to consider if and how agency processes and staffing levels should change to improve security reviews and make refugeearrivals more efficient, and shall share any conclusions and recommendations with the heads of relevant agencies, including the Director of theOffice of Management and Budget, in order to inform potential resourcing strategies where necessary.
(f) Within 60 days of the date of this order, agencies responsible for the Security Advisory Opinion process shall meet to consider proposals from member agencies to adjust the list of countries and other criteria that require a Security Advisory Opinion for arefugee case.
(g) TheSecretary of Homeland Security, in consultation with the Secretary of State, shall consider whether to promulgate regulations and any other policies, including internal oversight mechanisms, to ensure the quality, integrity, efficiency, and fairness of the adjudication process for USRAP applicants, while also taking due account of the challenges facing refugeeapplicants. TheSecretary of Homeland Security, in consultation with the Secretary of State, should consider adopting regulations or policies, as appropriate and consistent with applicable law, that:
(i) develop mechanisms to synthesize reliable, detailed, and current country conditions that may be relied upon, where appropriate, to make specific factual and legal determinations necessary for the adjudication ofrefugee applications from individuals or from individuals within a designated group of applicants;
(ii) ensure thatrefugee applicants have timely access to their own application records;
(iii) permitrefugee applicants to have arepresentative at their interview at no cost to the United StatesGovernment; and
(iv) ensure, whenrefugee applications are denied for non-security or non-fraud-based reasons, an applicant is given a short explanation describing the basis for the denial, so that the applicant has a meaningful opportunity to present additional evidence and to request a review of the decision.
(h) The Secretary ofState and theSecretary of Homeland Security shall provide the President, through the APNSA, a report describing any action taken pursuant to subsection (g) of this section within 180 days of the date such action is taken.
(i) TheSecretary of Homeland Security shall ensure that adjudicators are trained in the standards governing refugeeclaims of women, children, and other individuals who are more vulnerable to persecution due to their age, gender, gender expression, or sexual orientation.
(j) The Secretary ofState and theSecretary of Homeland Security shall consider taking actions, as appropriate and consistent with applicable law, to recognize as “spouses” for purposes of derivative status through USRAP individuals who are in committed life partnerships but who are unable to marry or to register their marriage due to restrictions in the law or practices of their country of origin, including for individuals in same-sex, interfaith, or camp-based marriages. The Secretary of Stateand theSecretary of Homeland Security shall provide the President a report, through the APNSA, describing any action taken pursuant to this subsection within 180 days of the date such action is taken.
(k) Within 120 days of the date of this order, the Secretary ofState and the Secretary of Health and HumanServices shall, as appropriate and consistent with applicable law, deliver a plan to the President, through the APNSA, to enhance the capacity of USRAP to welcome refugeesby expanding the use of community sponsorship and co-sponsorship models by refugeeresettlement agencies, and by entering into new public-private partnerships.
(l) The Secretary ofState, in consultation with theSecretary of Homeland Security, shall consider ways to expand mechanisms under which non-governmental organizationswith direct access to and knowledge of refugeesabroad in camps or other settings could identify and directly refer to USRAP particularly vulnerable individuals who have a strong possibility of qualifying for admission to the United Statesas refugees.
(m) Within 180 days of the date of this order, the Secretary ofState and theSecretary of Homeland Security shall take all appropriate steps, taking into account necessary safeguards for program integrity, to ensure that the current policies and procedures related to USRAP are publicly available on their respective websites, and that any new or revised policies and procedures are made publicly available on their websites within 30 days of their adoption.
(n) Within 180 days of the date of this order, the Secretary ofState, in consultation with theSecretary of Homeland Security, and as appropriate and consistent with applicable law, shall develop options for improving USRAP applicants’ ability to access relevant material from their case files on an expedited basis to inform timely appeals from adverse decisions.
Sec. 5. Improving Performance. (a) The Secretary of State, in consultation with the Attorney Generaland theSecretary of Homeland Security, shall develop and ensure adherence to a plan that addresses USRAP processing backlogs. In developing this plan, theSecretary of Homeland Security, in consultation with the Secretary of State, the Attorney General, and the Director of NationalIntelligence, and in collaboration with the NationalVetting Governance Board and United StatesDigital Service, shall conduct a review of refugeesecurity vetting processes and develop recommendations to increase their efficiency, fairness, and effectiveness, consistent with the humanitarian goals of USRAP and the nationalsecurity and foreign policy interests of the United States.
(b) The plan and review described in subsection (a) of this section shall also:
(i) examine whether existing vetting processes, including the Security Advisory Opinion process, can be improved to increase efficiency and provide more effective security reviews; and
(ii) seek to bringnational average processing times within the period described in8 U.S.C. 1571(b).
(c) Within 120 days of the date of this order, the Secretary ofState, in consultation with theAttorney General, theSecretary of Homeland Security, and the Director of NationalIntelligence, shall submit to the President the plan described in subsection (a) of this section, including the Secretary’s recommendations for process improvements.
Sec. 6. Climate Change and Migration. Within 180 days of the date of this order, the APNSA, in consultation with the Secretary of State, theSecretary of Defense, theSecretary of Homeland Security, the Administratorof theUnited States Agency for International Development, and the Director of NationalIntelligence, shall prepare and submit to the President a report on climate change and its impact on migration, including forced migration, internal displacement, and planned relocation. This report shall include, at a minimum, discussion of the international security implications of climate-related migration; options for protection and resettlement of individuals displaced directly or indirectly from climate change; mechanisms for identifying such individuals, including through referrals; proposals for how these findings should affect use of United Statesforeign assistance to mitigate the negative impacts of climate change; and opportunities to work collaboratively with other countries, international organizationsand bodies, non-governmental organizations, and localities to respond to migration resulting directly or indirectly from climate change. The APNSA shall work with appropriate agencies to ensure that the report, or a summary thereof, is made publicly available.
Sec. 7. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of theOffice of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against theUnited States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Determinations by the President pursuant to this section concerning the admission and adjustment of status ofrefugees for particular fiscal years were contained in the following Presidential Determinations:
Presidential Determination No. 2024–13,Sept. 30, 2024,89 F.R. 83767.
Presidential Determination No. 2023–13,Sept. 29, 2023,88 F.R. 73521.
Presidential Determination No. 2022–25,Sept. 27, 2022,87 F.R. 60547.
Presidential Determination No. 2022–02,Oct. 8, 2021,86 F.R. 57527.
Presidential Determination No. 2021–06,May 3, 2021,86 F.R. 24475.
Presidential Determination No. 2021–05,Apr. 16, 2021,86 F.R. 21159.
Presidential Determination No. 2021–02,Oct. 27, 2020,85 F.R. 71219, superseded by Presidential Determination No. 2021–05, subsec. (g),Apr. 16, 2021,86 F.R. 21160.
Presidential Determination No. 2020–04,Nov. 1, 2019,84 F.R. 65903.
Presidential Determination No. 2019–01,Oct. 4, 2018,83 F.R. 55091.
Presidential Determination No. 2017–13,Sept. 29, 2017,82 F.R. 49083.
Presidential Determination No. 2016–13,Sept. 28, 2016,81 F.R. 70315.
Presidential Determination No. 2015–14,Sept. 29, 2015,80 F.R. 62433.
Presidential Determination No. 2014–17,Sept. 30, 2014,79 F.R. 69753.
Presidential Determination No. 2014–01,Oct. 2, 2013,78 F.R. 62415.
Presidential Determination No. 2012–17,Sept. 28, 2012,77 F.R. 61507.
Presidential Determination No. 2011–17,Sept. 30, 2011,76 F.R. 62597.
Presidential Determination No. 2011–02,Oct. 8, 2010,75 F.R. 75851.
Presidential Determination No. 2009–32,Sept. 30, 2009,74 F.R. 52385.
Presidential Determination No. 2008–29,Sept. 30, 2008,73 F.R. 58865.
Presidential Determination No. 2008–1,Oct. 2, 2007,72 F.R. 58991.
Presidential Determination No. 2007–1,Oct. 11, 2006,71 F.R. 64435.
Presidential Determination No. 2006–3,Oct. 24, 2005,70 F.R. 65825.
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.
