Sec. 1107. Authority to designate certain groups of refugees from countries of particular concern and admission of refugees in emergency situations
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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, after 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 within a category of aliens established under clause
(ii)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 such aliens as targets of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion or who otherwise have a shared need for resettlement due to a specific vulnerability. For purposes of clause (i), the President shall designate one or more groups or one or more categories of aliens who are or were nationals or habitual residents of the Islamic Republic of Iran or countries from the former Soviet Union, who, as members of a religious minority, share common characteristics that identify them as targets of persecution in that state on account of race, religion, nationality, membership in a particular social group, or political opinion. At the discretion of the President, the President may designate additional groups of one or more categories of aliens who are or were nationals or habitual residents of any other country which is designated as a country of particular concern under section 402(b)(1)(A) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6442 ). An alien who is outside his or her country of origin or last habitual residence who establishes membership in a group designated under clause
(i)to the satisfaction of the Secretary of Homeland Security shall establish, for purposes of admission as a refugee under this section, that such alien has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion, unless the Secretary determines that such alien ordered, incited, assisted or otherwise participated in the persecution of any person on account of race, religious, 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, shall expire at the end of each fiscal year; and may be renewed by the President after appropriate consultation. 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, withholding of removal 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 this subparagraph shall be in writing and shall state, to the maximum extent feasible, the reason for the denial. . Section 207(c) of the Immigration and Nationality Act ( 8 U.S.C. 1157(c)(1) ), as amended by section 1106, is further amended by adding at the end the following: Subject to the numerical limitations established under subparagraphs
(A)and
(B)of paragraph (1), the Secretary of Homeland Security may, in the Secretary’s discretion and pursuant to such regulations as the Secretary may prescribe, admit any refugee who is not firmly resettled in any foreign country, is determined to be of special humanitarian concern to the United States, and is admissible (except as provided under section 209) as an immigrant under this Act. Notwithstanding any numerical limitations specified in this Act, any alien admitted under this paragraph shall be regarded as lawfully admitted to the United States for permanent residence as of the date of such alien’s admission to the United States. 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 other serious harm; or having been identified as targets as described in subclause (I), share a common need for resettlement due to a specific vulnerability. An alien who establishes membership in a group designated under this paragraph to the satisfaction of the Secretary of Homeland Security shall be considered a refugee for purposes of admission as a refugee under this paragraph, 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 this paragraph is for purposes of adjudicatory efficiency and may be revoked by the President at any time after notification to Congress. Categories of aliens established under section 599D of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 ( Public Law 101–167 ; 8 U.S.C. 1157 note)— shall be designated under subparagraph
(B)until the end of the first fiscal year commencing after the date of the enactment of this paragraph; and shall be eligible for designation thereafter at the discretion of the President. The admission of an alien under this paragraph shall count against the refugee admissions goal under section 207(a). A designation under this paragraph shall not influence decisions to grant to any alien asylum under section 208, withholding of removal 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. A decision to deny admission under this paragraph to an alien who establishes to the satisfaction of the Secretary that the alien is a member of a group designated under subparagraph (B)— shall be in writing; and shall cite the specific applicable provision of this Act upon which such denial is based, including— the facts underlying the determination; and whether there is a waiver of inadmissibility available to the alien. . The amendments made by this section 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. 1107
Authority to designate certain groups of refugees from countries of particular concern and admission of refugees in emergency situations
Pub. L.Pub. L. 101-167
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