EO 14163: Realigning the United States Refugee Admissions Program

Executive Orders

TLDR

This executive order suspends the U.S. Refugee Admissions Program starting January 27, 2025, citing resource strain and security concerns. Only case-by-case refugee admissions will be allowed if deemed in national interest. The policy requires 90-day reviews and gives states/localities more say in refugee placement.

This executive order represents a significant shift in U.S. refugee policy.

The order suspends the U.S. Refugee Admissions Program (USRAP) effective January 27, 2025, citing concerns about the nation’s ability to absorb refugees and preserve resources for American citizens.

While implementing a broad suspension, the order allows the Secretaries of State and Homeland Security to jointly admit refugees on a case-by-case basis if they determine it serves the national interest and poses no security threat.

The order mandates increased involvement of state and local jurisdictions in refugee placement decisions, requiring the Department of Homeland Security to examine existing laws and propose ways to promote local involvement in resettlement decisions.

Key Policy Changes

Review process:

  • 90-day review period required before any potential resumption
  • Regular reports every 90 days thereafter
  • Final decision on resumption rests with the President

The order explicitly revokes Executive Order 14013 of February 4, 2021, which had previously established programs for refugee resettlement and addressed climate change’s impact on migration.

The administration cites several factors for this policy change:

  • Record migration levels affecting both small towns and major cities
  • Strain on local resources and infrastructure
  • Concerns about proper assimilation
  • Public safety and national security considerations

This order will likely have significant effects on:

  • International humanitarian commitments
  • Local community demographics
  • Federal-state-local relationships regarding refugee placement
  • Existing refugee processing pipelines

The order may face:

  • Legal challenges regarding international treaty obligations
  • Constitutional questions about state/local authority in immigration matters
  • Humanitarian concerns about refugee protection
  • Implementation challenges for case-by-case determinations

The order’s justification relies heavily on anecdotal evidence of strain on specific cities without providing comprehensive data on refugee impact on communities.

While claiming to protect local resources, the order may actually increase administrative burden through:

  • New case-by-case review requirements
  • Additional consultation processes with state/local authorities
  • Regular reporting requirements

The order’s effectiveness may be limited by:

  • Lack of clear criteria for case-by-case admissions
  • Potential conflicts with existing international agreements
  • Undefined metrics for determining when resumption would be “in the interests of the United States”

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Immigration and Nationality Act (INA), 8 U.S.C. 1101 et seq., and section 301 of title 3, United States Code, it is hereby ordered:

Section 1.

Purpose.

Over the last 4 years, the United States has been inundated with record levels of migration, including through the U.S. Refugee Admissions Program (USRAP). Cities and small towns alike, from Charleroi, Pennsylvania, and Springfield, Ohio, to Whitewater, Wisconsin, have seen significant influxes of migrants. Even major urban centers such as New York City, Chicago, and Denver have sought Federal aid to manage the burden of new arrivals. Some jurisdictions, like New York and Massachusetts, have even recently declared states of emergency because of increased migration.

The United States lacks the ability to absorb large numbers of migrants, and in particular, refugees, into its communities in a manner that does not compromise the availability of resources for Americans, that protects their safety and security, and that ensures the appropriate assimilation of refugees. This order suspends the USRAP until such time as the further entry into the United States of refugees aligns with the interests of the United States.

Sec. 2.

Policy.

It is the policy of the United States to ensure that public safety and national security are paramount considerations in the administration of the USRAP, and to admit only those refugees who can fully and appropriately assimilate into the United States and to ensure that the United States preserves taxpayer resources for its citizens. It is also the policy of the United States that, to the extent permitted by law and as practicable, State and local jurisdictions be granted a role in the process of determining the placement or settlement in their jurisdictions of aliens eligible to be admitted to the United States as refugees.

Sec. 3.

Realignment of the U.S. Refugee Admissions Program.

(a) I hereby proclaim, pursuant to sections 212(f) and 215(a) of the INA, 8 U.S.C. 1182(f) and 1185(a), that entry into the United States of refugees under the USRAP would be detrimental to the interests of the United States. I therefore direct that entry into the United States of refugees under the USRAP be suspended — subject to the exceptions set forth in subsection © of this section — until a finding is made in accordance with section 4 of this order. This suspension shall take effect at 12:01 am eastern standard time on January 27, 2025.

(b) The Secretary of Homeland Security shall suspend decisions on applications for refugee status, until a finding is made in accordance with section 4 of this order.

© Notwithstanding the suspension of the USRAP imposed pursuant to subsections (a) and (b) of this section, the Secretary of State and the Secretary of Homeland Security may jointly determine to admit aliens to the United States as refugees on a case-by-case basis, in their discretion, but only so long as they determine that the entry of such aliens as refugees is in the national interest and does not pose a threat to the security or welfare of the United States.

(d) The Secretary of Homeland Security, in consultation with the Attorney General, shall examine existing law to determine the extent to which, consistent with applicable law, State and local jurisdictions may have greater involvement in the process of determining the placement or resettlement of refugees in their jurisdictions, and shall devise a proposal to lawfully promote such involvement. In all cases, the Secretary of State and the Secretary of Health and Human Services shall ensure that the State and local consultation requirements in 8U.S.C. 1522(a)(2) are carried out with respect to all refugees admitted to the United States.

Sec. 4.

Resumption of the U.S. Refugee Admissions Program.

Within 90 days of this order, the Secretary of Homeland Security, in consultation with the Secretary of State, shall submit a report to the President through the Homeland Security Advisor regarding whether resumption of entry of refugees into the United States under the USRAP would be in the interests of the United States, in light of the policies outlined in section 2 of this order. The Secretary of Homeland Security, in consultation with the Secretary of State, shall submit further reports every 90 days thereafter until I determine that resumption of the USRAP is in the interests of the United States.

Sec. 5.

Revocation.

Executive Order 14013 of February 4, 2021 (Rebuilding and Enhancing Programs To Resettle Refugees and Planning for the Impact of Climate Change on Migration), is hereby revoked.

Sec. 6.

Severability.

If any provision of this order, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this order and the application of its other provisions to any other persons or circumstances shall not be affected thereby.

Sec. 7.

General Provisions.

(a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

© This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

THE WHITE HOUSE, January 20, 2025.