Refugee Reset: Mid-Year Increases to the U.S. Refugee Admissions Target

After four consecutive years of sharp cuts, refugee resettlement in the United States has fallen to its lowest level since Congress created the modern system for admitting refugees in 1980. The unprecedented decimation of the United States Refugee Admissions Program (“USRAP”) during the worst refugee crisis on record has left many wondering what can be done in the short term to reverse course. U.S. law provides a solution. The goals of the USRAP are regularity and flexibility, and although, before the start of each fiscal year the president sets the number of refugees to be admitted during the upcoming year (“the presidential determination”), that figure is not set in stone. Current law grants the president clear legal authority toadmit additional refugees through a revised mid-year presidential determination. This paper provides an overview and background of the presidential power under Immigration and Nationality Act (“INA”) section 207(b)1 to increase refugee admissions during the fiscal year. It explores the legislative history of the statute, details four historical examples of this power being used by presidents of both parties, and analyzes the substantive requirements of the process. This review reveals that the president’s power to admit additional refugees after an initial presidential determination is precedented, lawful, and in keeping with the powers Congress intended the president to exercise.

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