Editorial Notes
References in Text
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 the Immigration 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 under section 1101 of this title and Tables.
Prior Provisions
A prior section 1157, act June 27, 1952, ch. 477, title II, ch. 1, § 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, § 7, Oct. 3, 1965, 79 Stat. 916.
Amendments
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 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).”
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”.
Statutory Notes and Related Subsidiaries
Effective Date of 1991 Amendment
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 the Immigration Act of 1990, Pub. L. 101–649.
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.
Abolition of Immigration and Naturalization Service and Transfer of Functions
For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
Iraq Refugee Crisis
Pub. L. 110–181, div. A, title XII, subtitle C, Jan. 28, 2008, 122 Stat. 395, as amended by Pub. 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:
“SEC. 1242. PROCESSING MECHANISMS.
“(a) In General.—The Secretary of State, in consultation with the Secretary of Homeland Security, shall establish or use existing refugee processing mechanisms in Iraq and in countries, where appropriate, in the region in which—
“(b) Suspension.—
If such is determined necessary, the Secretary of
State, in consultation with the
Secretary of Homeland Security, may suspend in-country processing under subsection (a) for a period not to exceed 90 days. Such suspension may be extended by the Secretary of
State upon notification to the Committee on the Judiciary of the
House of Representatives, the Committee on Foreign Affairs of the
House of Representatives, the Committee on the Judiciary of the
Senate, and the Committee on Foreign Relations of the
Senate. The Secretary of
State shall submit to such committees a report outlining the basis of any such suspension and any extensions thereof.
“(c) Improved Application Process.—
“(1) In general.—
Not later than 120 days after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2014 [
Dec. 26, 2013], the Secretary of
State and the
Secretary of Homeland Security, in consultation with the
Secretary of Defense, shall improve the efficiency by which applications for
special immigrant visas under section 1244(a), are processed so that all steps under the control of the respective departments incidental to the issuance of such visas, including required screenings and background checks, should be completed not later than 9 months after the date on which an eligible
alien submits all required materials to complete an application for such visa.
“(2) Construction.—
Nothing in this section shall be construed to limit the ability of a Secretary referred to in paragraph (1) to take longer than 9 months to complete those steps incidental to the issuance of such visas in high-risk cases for which satisfaction of
national security concerns requires additional time.
“(d) Representation.—
An
alien applying for admission to the
United States pursuant to this subtitle may be represented during the application process, including at relevant interviews and examinations, by an attorney or other accredited
representative. Such representation shall not be at the expense of the
United States Government.
“SEC. 1243. UNITED STATES REFUGEE PROGRAM PROCESSING PRIORITIES.
“(a) In General.—Refugees of special humanitarian concern eligible for Priority 2 processing under the refugee resettlement priority system who may apply directly to the United States Admission Program shall include—
“(1)
Iraqis who were or are employed by the
United States Government, in Iraq;
“(2) Iraqis who establish to the satisfaction of the Secretary of State that they are or were employed in Iraq by—
“(B)
an
organization or entity closely associated with the
United States mission in Iraq that has received
United States Government funding through an official and documented contract, award, grant, or cooperative agreement; and
“(3)
spouses, children, and parents whether or not accompanying or following to join, and sons, daughters, and siblings of
aliens described in paragraph (1), paragraph (2), or section 1244(b)(1); and
“(b) Identification of Other Persecuted Groups.—
The Secretary of
State, or the designee of the Secretary, is authorized to identify other Priority 2 groups of Iraqis, including vulnerable populations.
“(c) Ineligible Organizations and Entities.—
Organizations and entities described in subsection (a)(2) shall not include any that appear on the
Department of the Treasury’s list of Specially Designated
Nationals or any entity specifically excluded by the
Secretary of Homeland Security, after consultation with the Secretary of
State and the heads of relevant elements of the intelligence community (as defined in section 3(4) of the
National Security Act of 1947 (
50 U.S.C. 401a(4)) [now
50 U.S.C. 3003(4)]).
“(f) Eligibility for Admission as Refugee.—
No
alien shall be denied the opportunity to apply for admission under this section solely because such
alien qualifies as an immediate relative or is eligible for any other immigrant classification.
“SEC. 1244. SPECIAL IMMIGRANT STATUS FOR CERTAIN IRAQIS.
“(a) In General.—Subject to subsection (c), the Secretary of Homeland Security, or, notwithstanding any other provision of law, the Secretary of State in consultation with the Secretary of Homeland Security, may provide an alien described in subsection (b) with the status of a special immigrant under section 101(a)(27) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)), if the alien—
“(1)
or an agent acting on behalf of the
alien, submits a petition for classification under section 203(b)(4) of such Act (
8 U.S.C. 1153(b)(4));
“(4)
cleared a background check and appropriate screening, as determined by the Secretary of Homeland Security.
“(b) Aliens Described.—
“(1) Principal aliens.—An alien is described in this subsection if the alien—
“(B)
was or is employed by or on behalf of the
United States Government in Iraq, on or after
March 20, 2003, for not less than one year;
“(C)
provided faithful and valuable
service to the
United States Government, which is documented in a positive recommendation or evaluation, subject to paragraph (4), from the employee’s senior supervisor or the person currently occupying that position, or a more senior person, if the employee’s senior supervisor has left the employer or has left Iraq; and
“(D)
has experienced or is experiencing an ongoing serious threat as a consequence of the
alien’s employment by the
United States Government.
“(2) Spouses and children.—An alien is described in this subsection if the alien—
“(A)
is the spouse or child of a principal
alien described in paragraph (1); and
“(3) Treatment of surviving spouse or child.—
“(A) In general.—An alien is described in this subsection if the alien—
“(ii) due to the death of the principal alien—
“(I)
such petition was revoked or terminated (or otherwise rendered null); and
“(II)
such petition would have been approved if the principal
alien had survived.
“(B) Employment requirements.—
An application by a surviving spouse or child of a principal
alien shall be subject to employment requirements set forth in paragraph (1) as of the date of the principal
alien’s filing of an application for the first time, or if the principal
alien did not file an application, the employment requirements as of the date of the principal
alien’s death.
“(4) Approval by chief of mission required.—
“(A) In general.—
Except as provided under subparagraph (B), a recommendation or evaluation required under paragraph (1)(C) shall be accompanied by approval from the Chief of Mission, or the designee of the Chief of Mission, who shall conduct a risk assessment of the
alien and an independent review of records maintained by the
United States Government or hiring
organization or entity to confirm employment and faithful and valuable
service to the
United States Government prior to approval of a petition under this section.
“(B) Review process for denial by chief of mission.—
“(i) In general.—An applicant who has been denied Chief of Mission approval required by subparagraph (A) shall—
“(I)
receive a written decision that provides, to the maximum extent feasible, information describing the basis for the denial, including the facts and inferences underlying the individual determination; and
“(II) be provided not more than one written appeal—
“(aa)
that shall be submitted not more than 120 days after the date that the applicant receives such decision in writing; and
“(bb)
that may request reopening of such decision and provide additional information, clarify existing information, or explain any unfavorable information.
“(ii) Iraqi special immigrant visa coordinator.—The Secretary of State shall designate, in the Embassy of the United States in Baghdad, Iraq, an Iraqi Special Immigrant Visa Coordinator responsible for overseeing the efficiency and integrity of the processing of special immigrant visas under this section, who shall be given—
“(I)
sufficiently high security clearance to review information supporting Chief of Mission denials if an appeal of a denial is filed;
“(II)
responsibility for ensuring that an applicant described in clause (i) receives the information described in clause (i)(I); and
“(III)
responsibility for ensuring that every applicant is provided a reasonable opportunity to provide additional information, clarify existing information, or explain any unfavorable information pursuant to clause (i)(II).
“(5) Evidence of serious threat.—
A credible sworn statement depicting dangerous country conditions, together with official evidence of such country conditions from the
United States Government, should be considered as a factor in determination of whether the
alien has experienced or is experiencing an ongoing serious threat as a consequence of the
alien’s employment by the
United States Government for purposes of paragraph (1)(D).
“(c) Numerical Limitations.—
“(1) In general.—
The total number of principal
aliens who may be provided
special immigrant status under this section may not exceed 5,000 per year for fiscal years 2008 through 2012.
“(3) Carry forward.—
“(A) Fiscal years 2008 through 2011.—If the numerical limitation specified in paragraph (1) is not reached during a given fiscal year referred to in such paragraph (with respect to fiscal years 2008 through 2011), the numerical limitation specified in such paragraph for the following fiscal year shall be increased by a number equal to the difference between—
“(i)
the numerical limitation specified in paragraph (1) for the given fiscal year; and
“(ii)
the number of principal
aliens provided
special immigrant status under this section during the given fiscal year.
“(B) Fiscal years 2012 and 2013.—If the numerical limitation specified in paragraph (1) is not reached in fiscal year 2012, the total number of principal aliens who may be provided special immigrant status under this section for fiscal year 2013 shall be equal to the difference between—
“(i)
the numerical limitation specified in paragraph (1) for fiscal year 2012; and
“(ii)
the number of principal
aliens provided such status under this section during fiscal year 2012.
“(C) Limitation on number of visas.—
“(i) In general.—
The total number of principal
aliens who may be provided
special immigrant status under this section after
January 1, 2014, shall be not more than 2500.
“(ii) Employment period.—
The 1-year period during which the principal
alien is required to have been employed by or on behalf of the
United States Government in Iraq under subsection (b)(1)(B) shall begin on or after
March 20, 2003, and end on or before
September 30, 2013.
“(iii) Application deadline.—
The principal
alien seeking
special immigrant status under this subparagraph shall apply to the Chief of Mission in accordance with subsection (b)(4) not later than
September 30, 2014.
“(d) Visa and Passport Issuance and Fees.—
Neither the Secretary of
State nor the
Secretary of Homeland Security may charge an
alien described in subsection (b) any fee in connection with an application for, or issuance of, a
special immigrant visa. The Secretary of
State shall make a reasonable effort to ensure that
aliens described in this section who are issued
special immigrant visas are provided with the appropriate series Iraqi
passport necessary to enter the
United States.
“(e) Protection of Aliens.—
The Secretary of
State, in consultation with the heads of other relevant Federal agencies, shall make a reasonable effort to provide an
alien described in this section who is applying for a
special immigrant visa with protection or the immediate removal from Iraq, if possible, of such
alien if the Secretary determines after consultation that such
alien is in imminent danger.
“(f) Eligibility for Admission Under Other Classification.—
No
alien shall be denied the opportunity to apply for admission under this section solely because such
alien qualifies as an immediate relative or is eligible for any other immigrant classification.
“SEC. 1245. SENIOR COORDINATOR FOR IRAQI REFUGEES AND INTERNALLY DISPLACED PERSONS.
“(a) Designation in Iraq.—
The Secretary of
State shall designate in the embassy of the
United States in Baghdad, Iraq, a Senior Coordinator for Iraqi
Refugees and Internally Displaced Persons (referred to in this section as the ‘Senior Coordinator’).
“(b) Responsibilities.—
The Senior Coordinator shall be responsible for the oversight of processing for the resettlement in the
United States of
refugees of special humanitarian concern,
special immigrant visa programs in Iraq, and the development and implementation of other appropriate policies and programs concerning Iraqi
refugees and internally displaced persons. The Senior Coordinator shall have the authority to refer persons to the
United States refugee resettlement program.
“(c) Designation of Additional Senior Coordinators.—
The Secretary of
State shall designate in the embassies of the
United States in Cairo, Egypt, Amman, Jordan, Damascus, Syria, and Beirut, Lebanon, a Senior Coordinator to oversee resettlement in the
United States of
refugees of special humanitarian concern in those countries to ensure their applications to the
United States refugee resettlement program are processed in an orderly manner and without delay.
“SEC. 1246. COUNTRIES WITH SIGNIFICANT POPULATIONS OF IRAQI REFUGEES.“With respect to each country with a significant population of Iraqi refugees, including Iraq, Jordan, Egypt, Syria, Turkey, and Lebanon, the Secretary of State shall—
“(1)
as appropriate, consult with the appropriate government officials of such countries and other countries and the
United Nations High
Commissioner for
Refugees regarding resettlement of the most vulnerable members of such
refugee populations; and
“(2)
as appropriate, except where otherwise prohibited by the laws of the
United States, develop mechanisms in and provide assistance to countries with a significant population of Iraqi
refugees to ensure the well-being and safety of such populations in their host environments.
“SEC. 1247. MOTION TO REOPEN DENIAL OR TERMINATION OF ASYLUM.“An alien who applied for asylum or withholding of removal and whose claim was denied on or after March 1, 2003, by an asylum officer or an immigration judge solely, or in part, on the basis of changed country conditions may, notwithstanding any other provision of law, file a motion to reopen such claim in accordance with subparagraphs (A) and (B) of section 240(c)(7) of the Immigration and Nationality Act (8 U.S.C. 1229a(c)(7)) not later than six months after the date of the enactment of the Refugee Crisis in Iraq Act [of 2007] [Jan. 28, 2008] if the alien—
“(1)
is a citizen or
national of Iraq; and
“(2)
has remained in the
United States since the date of such denial.
“SEC. 1248. REPORTS.
“(a) Secretary of Homeland Security.—Not later than 120 days after the date of the enactment of this Act [Jan. 28, 2008], the Secretary of Homeland Security shall submit to the Committee on the Judiciary of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, the Committee on the Judiciary of the Senate, and the Committee on Foreign Relations of the Senate a report containing plans to expedite the processing of Iraqi refugees for resettlement, including information relating to—
“(1)
expediting the processing of Iraqi
refugees for resettlement, including through temporary expansion of the
Refugee Corps of
United States Citizenship and Immigration Services;
“(2)
increasing the number of personnel of the
Department of Homeland Security devoted to
refugee processing in Iraq, Jordan, Egypt, Syria, Turkey, and Lebanon;
“(3)
enhancing existing systems for conducting background and security checks of persons applying for
special immigrant status and of persons considered Priority 2
refugees of special humanitarian concern under the
refugee resettlement priority system, which enhancements shall support immigration security and provide for the orderly processing of such applications without delay; and
“(4)
the projections of the Secretary, per country and per month, for the number of
refugee interviews that will be conducted in fiscal year 2008 and fiscal year 2009.
“(b) President.—Not later than 120 days after the date of the enactment of this Act [Jan. 28, 2008], and annually thereafter through 2013, the President shall submit to Congress an unclassified report, with a classified annex if necessary, which includes—
“(1)
an assessment of the financial, security, and personnel considerations and resources necessary to carry out the provisions of this subtitle;
“(2)
the number of
aliens described in section 1243(a)(1);
“(4)
the date of such applications; and
“(5)
in the case of applications pending for longer than six months, the reasons that such visas have not been expeditiously processed.
“(c) Report on Iraqi Citizens and Nationals Employed by the United States Government or Federal Contractors in Iraq.—
“(1) In general.—Not later than 120 days after the date of the enactment of this Act [Jan. 28, 2008], the Secretary of Defense, the Secretary of State, the Administrator of the United States Agency for International Development, the Secretary of the Treasury, and the Secretary of Homeland Security shall—
“(A)
review internal records and databases of their respective agencies for information that can be used to verify employment of Iraqi
nationals by the
United States Government; and
“(B)
request from each prime contractor or grantee that has performed work in Iraq since
March 20, 2003, under a contract, grant, or cooperative agreement with their respective agencies that is valued in excess of $100,000 information that can be used to verify the employment of Iraqi
nationals by such contractor or grantee.
“(2) Information required.—
To the extent data is available, the information referred to in paragraph (1) shall include the name and dates of employment of, biometric data for, and other data that can be used to verify the employment of each Iraqi citizen or
national who has performed work in Iraq since
March 20, 2003, under a contract, grant, or cooperative agreement with an executive agency.
“(d) Report on Establishment of Database.—
Not later than 120 days after the date of the enactment of this Act [
Jan. 28, 2008], the
Secretary of Defense, in consultation with the Secretary of
State, the
Administrator of the
United States Agency for International Development, the Secretary of the Treasury, and the
Secretary of Homeland Security, shall submit to
Congress a report examining the options for establishing a unified, classified database of information related to contracts, grants, or cooperative agreements entered into by executive agencies for the performance of work in Iraq since
March 20, 2003, including the information described and collected under subsection (c), to be used by relevant Federal departments and agencies to adjudicate
refugee, asylum,
special immigrant visa, and other immigration claims and applications.
“(e) Noncompliance Report.—Not later than 180 days after the date of the enactment of this Act [Jan. 28, 2008], the President shall submit a report to Congress that describes—
“(1)
the inability or unwillingness of any contractor or grantee to provide the information requested under subsection (c)(1)(B); and
“(2)
the reasons for failing to provide such information.
“(f) Report on Improvements.—
“(1) In general.—Not later than 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014 [Dec. 26, 2013], the Secretary of State and the Secretary of Homeland Security, in consultation with the Secretary of Defense, shall submit a report, with a classified annex, if necessary, to—
“(A)
the Committee on the Judiciary, the Committee on Foreign Relations, and the Committee on Armed
Services of the
Senate; and
“(B)
the Committee on the Judiciary, the Committee on Foreign Affairs, and the Committee on Armed
Services of the
House of Representatives.
“(2) Contents.—The report submitted under paragraph (1) shall describe the implementation of improvements to the processing of applications for special immigrant visas under section 1244(a), including information relating to—
“(A) enhancing existing systems for conducting background and security checks of persons applying for special immigrant status, which shall—
“(i)
support immigration security; and
“(ii)
provide for the orderly processing of such applications without significant delay;
“(B)
the financial, security, and personnel considerations and resources necessary to carry out this subtitle;
“(C)
the number of
aliens who have applied for
special immigrant visas under section 1244 during each month of the preceding fiscal year;
“(D)
the reasons for the failure to process any applications that have been pending for longer than 9 months;
“(E) the total number of applications that are pending due to the failure—
“(i)
to receive approval from the Chief of Mission;
“(ii)
of U.S. Citizenship and Immigration
Services to complete the adjudication of the Form I–360;
“(iii)
to conduct a visa interview; or
“(iv)
to issue the visa to an eligible
alien;
“(F)
the average wait times for an applicant at each of the stages described in subparagraph (E);
“(G)
the number of denials or rejections at each of the stages described in subparagraph (E); and
“(H)
the reasons for denials by the Chief of Mission based on the categories already made available to denied
special immigrant visa applicants in the denial letter sent to them by the Chief of Mission.
“(g) Public Quarterly Reports.—
Not later than 120 days after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2014 [
Dec. 26, 2013], and every 3 months thereafter, the Secretary of
State and the
Secretary of Homeland Security, in consultation with the
Secretary of Defense, shall publish a report on the website of the
Department of State that describes the efficiency improvements made in the process by which applications for
special immigrant visas under
section 1244(a) are processed, including information described in subparagraphs (C) through (H) of subsection (f)(2).
“(h) Senior Coordinating Officials.—
“(1) Requirement to designate.—
The
Secretary of Homeland Security, the Secretary of
State, and the
Secretary of Defense shall each designate a senior coordinating official, with sufficient expertise, authority, and resources, to carry out the duties described in paragraph (2), with regard to the issuance of
special immigrant visas under this subtitle and the
Afghan Allies Protection Act of 2009 [title VI of div. F of
Pub. L. 111–8] (
8 U.S.C. 1101 note).
“(2) Duties.—Each senior coordinating official designated under paragraph (1) shall—
“(B)
coordinate and monitor the implementation of such proposals;
“(C)
include such proposals in the report required by subsection (f) and in each quarterly report required by subsection (g); and
“(D)
implement appropriate actions as authorized by law to carry out the improvements described in the report required by subsection (f).
“(3) Submission to congress.—
Not later than 30 days after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2014 [
Dec. 26, 2013], the
Secretary of Homeland Security, the Secretary of
State, and the
Secretary of Defense shall each submit to the committees set out in subparagraphs (A) and (B) of subsection (f)(1) the name and title of the senior coordinating official designated under paragraph (1) by each such Secretary, along with a description of the relevant expertise, authority, and resources of such official.
“SEC. 1249. AUTHORIZATION OF APPROPRIATIONS.
“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 of section 1244(b)(3) of Pub. L. 110–181, set out above, by substituting “(A) In general.—An alien is described” for “An alien is described” before “in this subsection”, was executed by making the substitution for “An alien is”, to reflect the probable intent of Congress and the intervening amendment by section 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 of section 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 of Congress.]
Bring Them Home Alive Program
Pub. L. 106–484, Nov. 9, 2000, 114 Stat. 2195, as amended by Pub. L. 107–258, § 2, Oct. 29, 2002, 116 Stat. 1738, provided that:
“SEC. 2. AMERICAN VIETNAM WAR POW/MIA ASYLUM PROGRAM.
“(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
“(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.
“(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
“(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.
“(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 [now United States Agency for Global Media].
“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, § 1000(a)(7) [div. A, title II, § 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, § 599D, Nov. 21, 1989, 103 Stat. 1261, as amended by Pub. 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 by Pub. 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, 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, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, and 2022 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, 2022.
“(2)
Subsection (c) shall apply to decisions made after the date of the enactment of this Act and before October 1, 2022.
“(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, 2022.”
[Pub. L. 109–102, § 534(m)(1)(A), which directed amendment of section 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 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, § 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, § 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, § 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.”
Executive Documents
Ex. Ord. No. 12208. Consultations on the Admission of Refugees
Ex. Ord. No. 12208, Apr. 15, 1980, 45 F.R. 25789, as amended by Ex. 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 the United States of America, including the Refugee Act of 1980 (P.L. 96–212; 8 U.S.C. 1101 note), the Immigration and Nationality Act, as amended (8 U.S.C. 1101 et seq.), and Section 301 of Title 3 of the United States Code, 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 of State and the Secretary of Homeland Security, or either of them, the functions of initiating and carrying out appropriate consultations with members of the Committees on the Judiciary of the Senate and of the House of Representatives for purposes of Sections 101(a)(42)(B) and 207(a), (b), (d), and (e) of the Immigration 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 the Immigration and Nationality Act, as amended [8 U.S.C. 1101 et seq.].
(a) To specify special circumstances for purposes of qualifying persons as refugees under Section 101(a)(42)(B) [8 U.S.C. 1101(a)(42)(B)].
(b) To make determinations under Sections 207(a)(1), 207(a)(2), 207(a)(3) and 207(b) [8 U.S.C. 1157(a)(1) to (3) and (b)].
(c) To fix the number of refugees 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. Rebuilding and Enhancing Programs To Resettle Refugees and Planning for the Impact of Climate Change on Migration
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 the United States of America, including the Immigration and Nationality Act, 8 U.S.C. 1101 et seq., I hereby order as follows:
Section 1. Policy. The long tradition of the United States as a leader in refugee resettlement 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 refugee crisis. Through the United States Refugee 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 refugees make 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 the Congress in enacting the Refugee 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 our national 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 protect national security.
(e) Although access to United 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, national origin, 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 national interest.
(g) My Administration shall seek opportunities to enhance access to the refugee 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, the United 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) The Special Immigrant Visa (SIV) programs for Iraqi and Afghan allies provide humanitarian protection to nationals of Iraq and Afghanistan experiencing an ongoing, serious threat because they provided faithful and valuable service to 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 of October 24, 2017 (Resuming the United States Refugee Admissions Program With Enhanced Vetting Capabilities) [former 8 U.S.C. 1182 note], and Executive Order 13888 of September 26, 2019 (Enhancing State and Local Involvement in Refugee Resettlement) [former 8 U.S.C. 1522 note], are revoked.
(b) The Presidential Memorandum of March 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) [former 8 U.S.C. 1182 note], is revoked.
(c) Within 90 days of the date of this order [Feb. 4, 2021], the Secretary of State and the Secretary of Homeland Security shall provide a report to the President, through the Assistant to the President for National Security 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 national interest.
Sec. 3. Special Immigrant Visas for Iraqi and Afghan Allies. (a) Within 180 days of the date of this order, the Secretary of State, in consultation with the Secretary of Defense and the Secretary 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 the National Visa Center’s processing of SIV applications;
(iv) a plan to track the progress of the Senior Coordinators as provided under section 1245 of the Refugee Crisis in Iraq Act of 2007 (RCIA), subtitle C of title XII of Public Law 110–181 [set out in a note above], and section 602(b)(2)(D)(ii)(II) of the Afghan Allies Protection Act of 2009 (AAPA), title VI of division F of Public 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 of State, in consultation with the Secretary 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 valuable service,” 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 the United States Government and require that the supervisor verifying the applicant’s “faithful and valuable service” be a United 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 of State 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 of State, in consultation with the Secretary of Defense and the Secretary 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 the National 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 service to the United States Government. 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 States Government 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 of State and the Secretary 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 a National Security Council Senior Director to be responsible for coordinating the agencies and vetting partners involved in USRAP.
(ii) The Secretary of State shall designate a senior-level employee to have primary responsibility for overseeing refugee application processing, consistent with applicable law.
(iii) The Secretary 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 refugee applicants, including follow-to-join refugee applicants and post-decisional processing, consistent with applicable law.
(iv) The Director of the Office of Management and Budget shall assign a team of technology, process, and data experts from the United States Digital Service to 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 of State and the Secretary 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) The Secretary of Homeland Security, in consultation with the Secretary of State, shall promptly consider taking all appropriate actions, consistent with applicable law, to expand refugee vetting and adjudication capacity, including by:
(i) developing more efficient processes to capture and share refugee applicant biometric data; and
(ii) permitting the use of video and audio teleconferencing to conduct refugee interviews and establishing the necessary infrastructure to do so.
(d) To increase refugee adjudication capacity, the Office 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 refugee applications.
(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 for refugee applicants, including follow-to-join refugee applicants, shall submit data to the National Vetting Governance Board on the number of staff performing refugee security 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 refugee applicant. The National Vetting Governance Board shall meet to consider if and how agency processes and staffing levels should change to improve security reviews and make refugee arrivals more efficient, and shall share any conclusions and recommendations with the heads of relevant agencies, including the Director of the Office 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 a refugee case.
(g) The Secretary 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 refugee applicants. The Secretary 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 of refugee applications from individuals or from individuals within a designated group of applicants;
(ii) ensure that refugee applicants have timely access to their own application records;
(iii) permit refugee applicants to have a representative at their interview at no cost to the United States Government; and
(iv) ensure, when refugee 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 of State and the Secretary 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) The Secretary of Homeland Security shall ensure that adjudicators are trained in the standards governing refugee claims 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 of State and the Secretary 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 State and the Secretary 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 of State and the Secretary of Health and Human Services 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 refugees by expanding the use of community sponsorship and co-sponsorship models by refugee resettlement agencies, and by entering into new public-private partnerships.
(l) The Secretary of State, in consultation with the Secretary of Homeland Security, shall consider ways to expand mechanisms under which non-governmental organizations with direct access to and knowledge of refugees abroad 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 States as refugees.
(m) Within 180 days of the date of this order, the Secretary of State and the Secretary 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 of State, in consultation with the Secretary 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 General and the Secretary of Homeland Security, shall develop and ensure adherence to a plan that addresses USRAP processing backlogs. In developing this plan, the Secretary of Homeland Security, in consultation with the Secretary of State, the Attorney General, and the Director of National Intelligence, and in collaboration with the National Vetting Governance Board and United States Digital Service, shall conduct a review of refugee security vetting processes and develop recommendations to increase their efficiency, fairness, and effectiveness, consistent with the humanitarian goals of USRAP and the national security 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 bring national average processing times within the period described in 8 U.S.C. 1571(b).
(c) Within 120 days of the date of this order, the Secretary of State, in consultation with the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence, 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, the Secretary of Defense, the Secretary of Homeland Security, the Administrator of the United States Agency for International Development, and the Director of National Intelligence, 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 States foreign assistance to mitigate the negative impacts of climate change; and opportunities to work collaboratively with other countries, international organizations and 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 the Office 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 the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
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. 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.
Ex. Ord. No. 12208. Consultations on the Admission of Refugees
