[Weekly Compilation of Presidential Documents Volume 33, Number 40 (Monday, October 6, 1997)]
[Pages 1468-1469]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Memorandum on Refugee Immigration

September 30, 1997

Presidential Determination No. 97-37

Memorandum for the Secretary of State

Subject: Presidential Determination on FY 1998 Refugee Admissions 
Numbers and Authorizations of In-Country Refugee Status Pursuant to 
Sections 207 and 101(a)(42), Respectively, of the Immigration and 
Nationality Act, and Determination Pursuant to Section 2(b)(2) of the 
Migration and Refugee Assistance Act, as Amended

    In accordance with section 207 of the Immigration and Nationality 
Act (``the Act'') (8 U.S.C. 1157), as amended, and after appropriate 
consultation with the Congress, I hereby make the following 
determinations and authorize the following actions:
    The admission of up to 83,000 refugees to the United States during 
FY 1998 is justified by humanitarian concerns or is otherwise in the 
national interest; provided, however, that this number shall be 
understood as including persons admitted to the United States during FY 
1998 with Federal refugee resettlement assistance under the Amerasian 
immigrant admissions program, as provided below.
    The 83,000 funded admissions shall be allocated among refugees of 
special humanitarian concern to the United States in accordance with the 
following regional allocations; provided, however, that the number 
allocated to the East Asia region shall include persons admitted to the 
United States during FY 1998 with Federal refugee resettlement 
assistance under section 584 of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act of 1988, as contained 
in section 101(e) of Public Law 100-202 (Amerasian immigrants and their 
family members); provided further that the number allocated to the 
former Soviet Union shall include persons admitted who were nationals of 
the former Soviet Union, or in the case of persons having no 
nationality, who were habitual residents of the former Soviet Union, 
prior to September 2, 1991:

                                                                        
                                                                        
                                                                        
Africa........................................................     7,000
East Asia.....................................................    14,000
Europe........................................................    51,000
Latin America/Caribbean.......................................     4,000
Near East/South Asia..........................................     4,000
Unallocated...................................................     3,000
                                                                        

    Within the Europe ceiling are 5,000 unfunded reserve numbers 
allocated to the former Soviet Union for use as needed provided that 
resources within existing appropriations are available to fund the cost 
of their admission. The 3,000 unfunded unallocated numbers shall be 
allocated as needed if resources within existing appropriations are 
available to fund the cost of their admission. Unused admissions numbers 
allocated to a particular region within the 75,000 federally funded 
ceiling may be transferred to one or more other regions if there is an 
overriding need for greater numbers for the region or regions to which 
the numbers are being transferred. You are hereby authorized and 
directed to consult with the Judiciary Committees of the Congress prior 
to any such use of the unallocated numbers or reallocation of numbers 
from one region to another.
    Pursuant to section 2(b)(2) of the Migration and Refugee Assistance 
Act of 1962, as amended, 22 U.S.C. 2601(b)(2), I hereby determine that 
assistance to or on behalf of persons applying for admission to the 
United States as part of the overseas refugee admissions program will 
contribute to the foreign policy interests of the United States and 
designate such persons for this purpose.
    An additional 10,000 refugee admissions numbers shall be made 
available during FY 1998 for the adjustment to permanent resident status 
under section 209(b) of the Immigration and Nationality Act (8 U.S.C. 
1159(b)) of aliens who have been granted asylum in the United States 
under section 208 of the Act (8 U.S.C. 1158), as this is justi

[[Page 1469]]

fied by humanitarian concerns or is otherwise in the national interest.
    In accordance with section 101(a)(42)(B) of the Act (8 U.S.C. 
1101(a)(42)) and after appropriate consultation with the Congress, I 
also specify that, for FY 1998, the following persons may, if otherwise 
qualified, be considered refugees for the purpose of admission to the 
United States within their countries of nationality or habitual 
residence:
    a. Persons in Vietnam
    b. Persons in Cuba
    c. Persons in the former Soviet Union
    You are authorized and directed to report this determination to the 
Congress immediately and to publish it in the Federal Register. 
                                            William J. Clinton
cc: The Attorney General
   The Secretary of Health and Human 
   Services

Note: This memorandum was released by the Office of the Press Secretary 
on October 1.