[Weekly Compilation of Presidential Documents Volume 44, Number 39 (Monday, October 6, 2008)]
[Pages 1283-1284]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Memorandum on FY 2009 Refugee Admissions Numbers and Authorizations of 
In-Country Refugee Status

September 30, 2008

 Presidential Determination No. 2008-29

Memorandum for the Secretary of State and the Secretary of Homeland 
Security

Subject: Fiscal Year 2009 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 80,000 refugees to the United States during 
Fiscal Year (FY) 2009 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 2009 with Federal refugee resettlement assistance under the 
Amerasian immigrant admissions program, as provided below. The ceiling 
shall be construed as a maximum not to be exceeded and not a minimum to 
be achieved.
    The 80,000 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 of 
admissions allocated to the East Asia region shall include persons 
admitted to the United States during FY 2009 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):
    Africa . . . . . . . . . . . 12,000
    East Asia . . . . . . . . . 19,000
    Europe and Central Asia . . 2,500
    Latin America/Caribbean . . 4,500
    Near East/South Asia . . . . 37,000
    Unallocated Reserve . . . . 5,000
    The 5,000 unallocated refugee numbers shall be allocated to regional 
ceilings, as needed. Upon providing notification to the Judiciary 
Committees of the Congress, the Secretary of State is hereby authorized 
to use unallocated admissions in regions where the need for additional 
admissions arises.
    Additionally, upon notification to the Judiciary Committees of the 
Congress, the Secretary of State is further authorized to transfer 
unused admissions allocated to a particular region to one or more other 
regions, if there is a need for greater admissions for the region or 
regions to which the admissions 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.
    Consistent 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 2009, 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
 d.          Persons in Iraq
 e.          In exceptional circumstances, persons identified by a 
            United States Embassy in any location
    The Secretary of State is authorized and directed to report this 
determination to the Congress immediately and to publish it in the 
Federal Register.
                                                George W. Bush

[[Page 1284]]

[Filed with the Office of the Federal Register, 11:30 a.m., October 6, 
2008]

Note: This memorandum will be published in the Federal Register on 
October 7.