If the President determines, after appropriate consultation, that (1) an unforeseen emergency refugee situation exists, (2) the admission of certain refugees in response to the emergency refugee situation is justified by grave humanitarian concerns or is otherwise in the national interest, and (3) the admission to the United States of these refugees cannot be accomplished under subsection (a), the President may fix a number of refugees to be admitted to the United States during the succeeding period (not to exceed twelve months) in response to the emergency refugee situation and such admissions shall be allocated among refugees of special humanitarian concern to the United States in accordance with a determination made by the President after the appropriate consultation provided under this subsection.
8 U.S. Code § 1157 - Annual admission of refugees and admission of emergency situation refugees
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.
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.
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”.
Pub. L. 109–13, div. B, title I, § 101(h)(5), May 11, 2005, 119 Stat. 306, provided that:
Amendment by Pub. L. 107–208 effective Aug. 6, 2002, and applicable to certain beneficiary aliens, see section 8 of Pub. L. 107–208, set out as a note under section 1151 of this title.
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.
Amendment by section 104(b) of Pub. L. 101–649 effective Nov. 29, 1990, and (unless otherwise provided) applicable to fiscal year 1991, see section 161(b) of Pub. L. 101–649, set out as a note under section 1101 of this title.
Amendment by section 603(a)(4) of Pub. L. 101–649 applicable to individuals entering United States on or after June 1, 1991, see section 601(e)(1) of Pub. L. 101–649, set out as a note under section 1101 of this title.
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.
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.
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:
“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.]
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. 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).”
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 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; 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, provided that:
[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.]
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 of Ex. Ord. No. 13313, July 31, 2003, 68 F.R. 46073, set out as a note under section 301 of Title 3, The President.
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, 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.
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. 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.