[Weekly Compilation of Presidential Documents Volume 34, Number 40 (Monday, October 5, 1998)]
[Pages 1937-1939]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Memorandum on Refugee Admissions

September 30, 1998

Presidential Determination No. 98-39

Memorandum for the Secretary of State

Subject: Presidential Determination on FY 1999 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 78,000 refugees to the United States during 
      FY 1999 is justified by humanitarian concerns or is

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      otherwise in the national interest; provided, however, that this 
      number shall be understood as including persons admitted to the 
      United States during FY 1999 with Federal refugee resettlement 
      assistance under the Amerasian immigrant admissions program, as 
      provided below.
    The 78,000 admissions numbers 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 1999 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........................................................    12,000
East Asia.....................................................     9,000
Europe (includes 3,000 unfunded)..............................    48,000
Latin America/Caribbean.......................................     3,000
Near East/South Asia..........................................     4,000
Unallocated...................................................     2,000

      Within the Europe ceiling are 3,000 unfunded 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 2,000 unallocated numbers shall be allocated 
      as needed to regional ceilings where shortfalls develop. Unused 
      admissions numbers allocated to a particular region 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 1999 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 justified by humanitarian concerns or is otherwise in the 
      national interest.

    In accordance with section 101(a)(42) of the Act (8 U.S.C. 
1101(a)(42)) and after appropriate consultation with the Congress, I 
also specify that, for FY 1999, 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

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