Memorandum on Determination of FY 1989 Refugee Admiissions Numbers and Authorization of In-Country Refugee Status Pursuant to Sections 207 and 101 (a)(42), Respectively, of the Immigration and Nationality Act

Presidential Determination No. 89-2

Memorandum for the United States Coordinator for Refugee Affairs

In accordance with Section 207 of the Immigration and Nationally Act ("the Act") (8 U.S.C. 11557), and after appropriate consultation with the Congress, I hereby make the following determinations and authorize the following actions:

a. The admission of up to 94,000 refugees to the United States during FY 1989 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 1989 with federal refugee resettlement assistance under the Ameriasian admissions program, as provided in paragraph (b) below.

Four thousand of these admissions numbers shall be set aside for private sector admissions initiatives. The admission of refugees using these 4,000 numbers shall be contingent upon the availability of private sector funding sufficient to cover the essential and reasonable costs of such admissions (so that no federal program funds shall be expendd for such admissions).

b. The 90,000 refugee admissions numbers for which federal funding may be used shall be allocated among refugees of special humanitarian concern to the United States as described in the documentations that preceded this Determination and in accordance with the following regional allocations; provided, however, that the number allocated to the East Asia Orderly Departure Program shall be reduced by one for each person admitted to the United States during FY 1989 with federal refugee resettlement assistance under Section 584 of the Foreign Operations, Export Financing, and Related Program Appropriations Act of 1988, as contained in Section 101(e) of Public Law 100-202 (Amerasians and their family members):

Africa     2,000

East Asia, First Asylum.     28,000

East Asia, Orderly Departure Program     25,000

Eastern Europe/Soviet Union     24,500

Latin America/Caribbean     3,500

Near East/South Asia     7,000

Utilization of the 90,000 federally funded admissions numbers shall be limited by such public and private funds as shall be available tothe Department of State and the Department of Health and Human Services for refugee and Amerasian admissions in FY 1989. You are hereby authorized and directed to advise the Judiciary Committees of the Congress of the intended allocation of numbers within the above regional ceilings in light of the availability of federal funding sufficient for up to 84,000 fully funded refugee and Amerasian admissions.

Unused admissions numbers allocated to a particular region within the 90,000 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 rallocation.

The 4,000 privately funded admissions may be used for refugees of special humanitarian concern to the United States in any region of the world at any time during the fiscal year. You are hereby authorized and directed to notify the Judiciary Committees of the Congress in advance of the intended use of these numbers.

c.An additional 5,000 refugee admissions numbers shall be made available during FY 1989 for the adjustment to permanent resident status under Section 209 (b) of the 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)), I also specify, after appropriate consultation with the Congress, that the following persons may, if otherwise qualfied, be considered refugees for the purpose of admission to the United States while still within their countries of nationality or habitual residence:

a. Persons in Vietnam and Laos who have past or present ties to the United States or who have been or currently are in reeducation camps in Vietnam or seminar camps in Laos, and their accompanying family members.

b. Present and former poliitcal prisoners and persons in imminent danger of loss of life in countries of Latin America and the Caribbean, and their accompanying family members.

c. Persons in the Soviet Union.

You are hereby authorized and directed to report this Determination to the Congress immediately and to publish it in the Federal Register.

RONALD REAGAN

THE WHITE HOUSE,

Washington, October 5, 1988

cc: The Secretary of Health and Human Services