[Code of Federal Regulations]
[Title 3, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 3CFRSep30]

[[Page 296]]

Presidential Determination No. 2004-53 of September 30, 2004

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

Memorandum for the Secretary of State

          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

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          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 
          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 and 
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

THE WHITE HOUSE,

Washington, September 30, 2004.