    [Weekly Compilation of Presidential Documents Volume 40, Number 40 (Monday, October 4, 2004)]
    [Pages 2197-2198]
    [Online from the Government Publishing Office, www.gpo.gov]

    <R04>
    Presidential Determination on FY 2005 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

    September 30, 2004

    Presidential Determination No. 2004-53

    Memorandum for the Secretary of State

    Subject: Presidential Determination on FY 2005 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
    consultations with the Congress, I hereby make the following
    determinations and authorize the following actions:
        The admission of up to 70,000 refugees to the United States during
    FY 2005 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
    2005 with Federal refugee resettlement assistance under the Amerasian
    immigrant admissions program, as provided below.
        The 70,000 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 2005 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......................................................    20,000
      East Asia...................................................    13,000
      Europe and Central Asia.....................................     9,500
      Latin America/Caribbean.....................................     5,000
      Near East/South Asia........................................     2,500
      Unallocated Reserve.........................................    20,000

        The 20,000 unallocated refugee numbers shall be allocated to
    regional ceilings as needed. Upon providing notification to the
    Judiciary Committees of the Congress, you are hereby authorized to use
    unallocated numbers in regions where the need for additional numbers
    arises.
        Additionally, upon notification to the Judiciary Committees of the
    Congress, you are further authorized to transfer unused numbers
    allocated to a particular region to one or more other regions, if there
    is a need for greater numbers for the region or regions to which the
    numbers are being transferred. Consistent with section 2(b)(2) of the
    Migration and Refugee Assistance Act of 1962, as amended, 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 2005 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 2005, the following

    [[Page 2198]]

    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
    d.          In exceptional circumstances, persons identified by a U.S.
                Embassy in any location
        You are authorized and directed to report this determination to the
    Congress immediately and to publish it in the Federal Register.
                                                    George W. Bush

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