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[Federal Register: October 14, 2004 (Volume 69, Number 198)]
[Presidential Documents]               
[Page 60943-60944]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14oc04-137]                         



                        Presidential Documents 




___________________________________________________________________

Title 3--
The President

[[Page 60943]]

                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 overseas 
                refugee admissions program will contribute to the 
                foreign policy interests of the United States and 
                designate such persons for this purpose.

[[Page 60944]]

                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.

                    (Presidential Sig.)B

                THE WHITE HOUSE,

                    Washington, September 30, 2004.

[FR Doc. 04-23046
Filed 10-13-04; 8:45 am]
Billing code 4710-10-P




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