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Public Papers - 1990 - October

Presidential Determination No. 91 - 3 -- Memorandum on Refugee Admissions

1990-10-12

Memorandum for the United States Coordinator for Refugee Affairs

Subject: Determination of FY 1991 Refugee Admissions Numbers and Authorization of In-country Refugee Status Pursuant to Sections 207 and 101(a)(42), Respectively, of the Immigration and Nationality Act

In accordance with section 207 of the Immigration and Nationality Act (``the Act'') (8 U.S.C. 1157), and after appropriate consultation with the Congress, I hereby make the following determinations and authorize the following actions:

a. The admission of up to 131,000 refugees to the United States during FY 1991 is justified by humanitarian concerns or is otherwise in the national interest; provided, however, that this number shall be understood as including persons admitted to the United States during FY 1991 with Federal refugee resettlement assistance under the Amerasian admissions program, as provided in paragraph (b) below.

Ten thousand of these admissions numbers shall be set aside for private sector admissions initiatives, and may be used for any region. The admission of refugees using these numbers shall be contingent upon the availability of private sector funding sufficient to cover the reasonable costs of such admissions.

b. The 131,000 admissions shall be allocated among refugees of special humanitarian concern to the United States as described in the documentation presented to the Congress during the consultations that preceded this determination and in accordance with the following regional allocations; provided, however, that the number allocated to the East Asia region shall include the number of persons admitted to the United States during FY 1991 with Federal refugee resettlement assistance under section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1988, as contained in section 101(e) of Public Law 100 - 202 (Amerasians and their

(TABLE START)family members):

@h1

@h1

Africa .... 4,900

East Asia .... 52,000

Soviet Union .... 50,000

Eastern Europe .... 5,000

Near East/South Asia .... 6,000

Latin America/Caribbean .... 3,100

Not Designated .... ,000

Footnote: \Funded by the private sector.

(TABLE END)

Utilization of the 121,000 federally funded admissions numbers shall be limited by such public and private funds as shall be available to the Department of State and the Department of Health and Human Services for refugee and Amerasian admissions in FY 1991. You are hereby authorized and directed to so advise the judiciary committees of the Congress.

Unused admissions numbers allocated to a particular region within the 121,000 federally funded ceiling may be transferred to one or more other regions if there is an overriding need for greater numbers for the region or regions to which the numbers are being transferred. You are hereby authorized and directed to consult with the judiciary committees of the Congress prior to any such reallocation.

The 10,000 privately funded admissions not designated for any country or region may be used for refugees of special humanitarian concern to the United States in any region of the world at any time during the fiscal year. You are hereby authorized and directed to notify the judiciary committees of the Congress in advance of the intended use of these numbers.

An additional 5,000 refugee admissions numbers shall be made available during FY 1991 for the adjustment to permanent resident status under section 209(b) of the Act (8 U.S.C. 1159[b]) of aliens who have been granted asylum in the United States under section 208 of the Act (8 U.S.C. 1158), as this is justified by humanitarian concerns or is otherwise in the national interest.

In accordance with section 101(a)(42) of the Act (8 U.S.C. 1101(a)(42)), I also specify, after appropriate consultation with the Congress, that the following persons may, if otherwise qualified, be considered refugees for the purpose of admission to the United States while still within their countries of nationality or habitual residence:

a. Persons in Vietnam and Laos who have past or present ties to the United States or who have been or currently are in reeducation camps in Vietnam or seminar camps in Laos, and their accompanying family members.

b. Present and former political prisoners, persons in imminent danger of loss of life, and other persons of compelling concern to the United States in countries of Latin America and the Caribbean, and their accompanying family members.

c. Persons in Cuba who are (1) in immediate danger of loss of life and for whom there appears to be no alternative to resettlement in the United States, or (2) are of compelling concern to the United States, such as former or present political prisoners, dissidents, or human rights and religious activists, or (3) were employed by the United States Government for at least 1 year prior to the claim for refugee status; and their accompanying family members.

d. Persons in the Soviet Union and Romania.

You are hereby authorized and directed to report this determination to the Congress immediately and to arrange for its publication in the Federal Register.

George Bush

cc: The Secretary of State

The Attorney General

The Secretary of Health and Human

Services

[Filed with the Office of the Federal Register, 12:45 p.m., October 15, 1990]

Note: The memorandum was released by the Office of the Press Secretary on October 15.

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