What US INA Annual Admission of Refugees (8 USC 1157): Presidential Ceiling, Emergencies and Eligibility requires
Section 207 of the Immigration and Nationality Act (INA), codified at 8 U.S.C. 1157, governs the admission of refugees to the United States from abroad, administered by US Citizenship and Immigration Services and the Department of State's Bureau of Population, Refugees, and Migration, building on the refugee definition in 8 U.S.C. 1101(a)(42). Section 1157(a) sets the annual framework: beginning in fiscal year 1983, the number of refugees who may be admitted in a fiscal year is such number as the President determines, before the beginning of the fiscal year and after appropriate consultation, is justified by humanitarian concerns or is otherwise in the national interest, and the admissions are allocated among refugees of special humanitarian concern to the United States in accordance with a determination made by the President after appropriate consultation. Section 1157(b) authorizes the admission of emergency situation refugees: where the President determines that an unforeseen emergency refugee situation exists, that the admission of certain refugees is justified by grave humanitarian concerns or is otherwise in the national interest, and that the admissions cannot be accomplished under the normal numerical limitation, the President may fix a number of admissions for the succeeding period not to exceed twelve months. Section 1157(c) sets the eligibility for an individual refugee: the Attorney General (now the Secretary of Homeland Security) may admit a refugee who is determined to be of special humanitarian concern to the United States, is admissible as an immigrant under the chapter (subject to the refugee inadmissibility waiver), and is not firmly resettled in any foreign country, and provides for the admission of the refugee's spouse and children. Section 1157(d) requires consultation with the Congress. A refugee admitted under this section may later adjust to lawful permanent resident status under 8 U.S.C. 1159.
Pillar: Immigration & Border Control · Authority: US Congress / President, US Citizenship and Immigration Services and Department of State · Version: 1.0.0 · Last updated:
Primary source: https://www.govinfo.gov/content/pkg/USCODE-2022-title8/html/USCODE-2022-title8-chap12.htm
SHA-256 integrity: 4f003a0575c9d75b012759399e6413769240b56fc2cf79016a5af23a71329131
Primary Citations — 8 traced to source
- Immigration and Nationality Act 207, 8 U.S.C. 1157(a) - annual determination of refugee admissions by the President after appropriate consultation.
- Immigration and Nationality Act 207, 8 U.S.C. 1157(b) - admission of emergency situation refugees (up to twelve months).
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