Sec. 18. Authority to designate certain groups of refugees for consideration
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Section 207(c)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1157(c)(1) ) is amended— by inserting
(A)before Subject to the numerical limitations ; and by adding at the end the following: The President, upon a recommendation of the Secretary of State made in consultation with the Secretary of Homeland Security, and after appropriate consultation, may designate specifically defined groups of aliens— whose resettlement in the United States is justified by humanitarian concerns or is otherwise in the national interest; and who— share common characteristics that identify them as targets of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion or of other serious harm; or having been identified as targets as described in item (aa), share a common need for resettlement due to a specific vulnerability. An alien who establishes membership in a group designated under clause
(i)to the satisfaction of the Secretary of Homeland Security shall be considered a refugee for purposes of admission as a refugee under this section unless the Secretary determines that such alien ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion. A designation under clause (i)— may be revoked by the President at any time after notification to Congress; if not revoked under subclause (I), shall expire at the end of the fiscal year; and may be renewed by the President after appropriate consultation. Categories of aliens established under section 599D of Public Law 101–167 ( 8 U.S.C. 1157 note)— shall be designated under clause
(i)until the end of the first fiscal year commencing after the date of the enactment of the Refugee Protection Act of 2013 ; and shall be eligible for designation thereafter at the discretion of the President. An alien’s admission under this subparagraph shall count against the refugee admissions goal under subsection (a). A designation under clause
(i)shall not influence decisions to grant, to any alien, asylum under section 208, protection under section 241(b)(3), or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984. . Each decision to deny an application for refugee status of an alien who is within a category established under section 207(c)(1)(B) of the Immigration and Nationality Act, as added by subsection
(a)shall be in writing and shall state, to the maximum extent feasible, the reason for the denial. The amendments made by subsection
(a)shall take effect on the first day of the first fiscal year that begins after the date of the enactment of this Act.
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- Pub. L. 101-167
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Sec. 18
Authority to designate certain groups of refugees for consideration
Pub. L.Pub. L. 101-167
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