Memorandum on Determination of FY 1992 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

Presidential Determination No. 92-2

Memorandum for the United States Coordinator for Refugee Affairs

In accordance with section 207 of the Immigration and Nationality Act ("the Act") (8 U.S.C. 1157), and after appropriate consultation with the Congress, I hereby make the following determinations and authorize the following actions:

a. The admission of up to 142,000 refugees to the United States during FY 1992 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 1992 with Federal refugee resettlement assistance under the Amerasian immigrant admissions program, as provided in paragraph (b) below.

Ten thousand of these admissions numbers shall be set aside for private sector admissions initiatives, and may be used for any region. The admission of refugees using these numbers shall be contingent upon the availability of private sector funding sufficient to cover the reasonable costs (as defined in the Memorandum of Understanding among the interested parties) of such admissions.

b. The 142,000 admissions shall be allocated among refugees of special humanitarian concern to the United States as described in the documentation presented to the Congress during the consultations that preceded this determination and 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 1992 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 Soviet Union shall include persons admitted who were nationals of the Soviet Union, or in the case of persons having no nationality, who were habitual residents of the Soviet Union, prior to September 2, 1991:

Africa.....6,000
East Asia.....52,000
Soviet Union.....61,000
Eastern Europe.....3,000
Near East/South Asia.....6,000
Latin America/Caribbean.....3,000
Unallocated (funded).....1,000
Unallocated (funded by the private sector).....10,000

Utilization of the 132,000 federally funded admissions numbers shall be limited by such public and private funds as shall be available for refugee and Amerasian immigrant admissions in FY 1992. You are hereby authorized and directed to so advise the judiciary committees of the Congress.

The 1,000 unallocated federally funded numbers shall be allocated as needed. Unused admissions numbers allocated to a particular region within the 132,000 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 reallocation.

The 10,000 privately funded admissions not designated for any country or region 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.

In 1990, 5,106 aliens were granted asylum in the United States.

c. An additional 10,000 refugee admissions numbers shall be made available during FY 1992 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)), and after appropriate consultation with the Congress, I also specify that, for FY 1992, the following persons may, if otherwise qualified, 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.

b. Persons in Laos.

c. Persons in the countries of Latin America and the Caribbean.

d. Persons in the Soviet Union.

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

GEORGE BUSH

cc: The Secretary of State
The Attorney General
The Secretary of Health and Human Services