Sec. 599D. establishing categories of aliens for purposes of refugee determinations
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## Sec. 599D establishing categories of aliens for purposes of refugee determinations **[**[8 U.S.C. 1157 note](/us/usc/t8/s1157)**]** ###
(a)In General In the case of an alien who is within a category of aliens established under subsection (b), the alien may establish, for purposes of admission as a refugee under section 207 of the Immigration and Nationality Act, that the alien has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion by asserting such a fear and asserting a credible basis for concern about the possibility of such persecution. ###
(b)Establishment of Categories ####
(1)For purposes of subsection (a), the Attorney General, in consultation with the Secretary of State and the Coordinator for Refugee Affairs, shall establish— #####
(A)one or more categories of aliens who are or were nationals and residents of an independent state of the former Soviet Union or of Estonia, Latvia, or Lithuania1 and who 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, 1§582(b)(1)(A) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1993 (Pub. L. 102–391, October 6, 1992, 106 Stat. 1686) substituted “an independent state of the former Soviet Union or of Estonia, Latvia, or Lithuania” for references to “the Soviet Union” in paragraphs (1)(A), (2)(A), and (2)(B). A duplicative amendment was made by section 905(b)(1) of the FREEDOM Support Act (Pub. L. 102–511, October 24, 1992). #####
(B)one or more categories of aliens who are or were nationals and residents of Vietnam, Laos, or Cambodia and who share common characteristics that identify them as targets of persecution in such respective foreign state on such an account; and #####
(C)one or more categories of aliens who are or were nationals and residents of the Islamic Republic or Iran who, as members of a religious minority in Iran, 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. ####
(2)#####
(A)Aliens who are (or were) nationals and residents of an independent state of the former Soviet Union or of Estonia, Latvia, or Lithuania1 and who are Jews or Evangelical Christians shall be deemed a category of alien established under paragraph (1)(A). #####
(B)Aliens who are (or were) nationals of an independent state of the former Soviet Union or of Estonia, Latvia, or Lithuania1 and who are current members of, and demonstrate public, active, and continuous participation (or attempted participation) in the religious activities of, the Ukrainian Catholic Church or the Ukrainian Orthodox Church, shall be deemed a category of alien established under paragraph (1)(A). #####
(C)Aliens who are (or were) nationals and residents of Vietnam, Laos, or Cambodia and who are members of categories of individuals determined, by the Attorney General in accordance with “Immigration and Naturalization Service Worldwide Guidelines for Overseas Refugee Processing” (issued by the Immigration and Naturalization Service in August 1983) shall be deemed a category of alien established under paragraph (1)(B). ####
(3)Within the number of admissions of refugees allocated for each of fiscal years 1990, 1991, and 19922 for refugees who are nationals of the Soviet Union under section 207(a)(3) of the Immigration and Nationality Act {and within the number of such admissions allocated for each of fiscal years 1993, 1994, 1995, and 1996 for refugees who are nationals of the independent states of the former Soviet Union, Estonia, Latvia, and Lithuania under such section}3 and within the number of such admissions allocated for each of fiscal years 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, and 2026 for refugees who are nationals of the independent states of the former Soviet Union, Estonia, Latvia, and Lithuania under such section, notwithstanding any other provision of law, the President shall allocate one thousand of such admissions for such fiscal year to refugees who are within the category of aliens described in paragraph (2)(B). 2§598(a)(1) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Pub. L. 101–513, Nov. 5, 1990, 104 Stat. 2063) substituted “for each of fiscal years 1990, 1991, and 1992” for “fiscal year 1990” and §512(1)(A) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Pub. L. 103–236, Apr. 30, 1994, 108 Stat. 466) struck “1993 and 1994” and inserted “1993, 1994, 1995, and 1996”. 3§582(a)(1)(A) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1993 (Pub. L. 102–391, October 6, 1992, 106 Stat. 1686) inserted the matter relating to fiscal years 1993 and 1994 following the closing brace. The duplicative language shown in braces was inserted by section 905(a)(1) of the FREEDOM Support Act (Pub. L. 102–511, October 24, 1992). ###
(c)Written Reasons for Denials of Refugee Status Each decision to deny an application for refugee status of an alien who is within a category established under this section shall be in writing and shall state, to the maximum extent feasible, the reason for the denial. ###
(d)Permitting Certain Aliens Within Categories to Reapply for Refugee Status Each alien who is within a category established under this section and who (after August 14, 1988, and before the date of the enactment of this Act) was denied refugee status shall be permitted to reapply for such status. Such an application shall be determined taking into account the application of this section. ###
(e)Period of Application ####
(1)Subsections
(a)and
(b)shall take effect on the date of the enactment of this Act and shall only apply to applications for refugee status submitted before October 1, 2026. ####
(2)Subsection
(c)shall apply to decisions made after the date of the enactment of this Act and before October 1, 2026. ####
(3)Subsection
(d)shall take effect on the date of the enactment of this Act and shall only apply to reapplications for refugee status submitted before October 1, 2026. **[**Subsection
(f)was repealed by §582(c) of the Foreign Operations, Export Financing, and Related Programs Appropraitions Act, 1993 (P.L. 102–391, 106 Stat. 1686, Oct. 6, 1992).**]**
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- Pub. L. 102-391
- 106 Stat. 1686
- Pub. L. 102-511
- Pub. L. 101-513
- 104 Stat. 2063
- Pub. L. 103-236
- 108 Stat. 466
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Sec. 599D
establishing categories of aliens for purposes of refugee determinations
Pub. L.Pub. L. 102-391
Stat.106 Stat. 1686
Pub. L.Pub. L. 102-511
Pub. L.Pub. L. 101-513
Stat.104 Stat. 2063
Cites 8 · showing 6Cited by 0 across 0 sources