true it does seem not to be on 1388 however it is still on the books
President Obama’s Presidential Determination No. 2009-15 of January 27, 2009, effectively provided funding for members of Hamas to immigrate to the United States. While the determination itself did not include specific verbiage to that effect, just like reading the Koran without using the Hadith as a guide, reading the Presidential Determination without understanding the intent of the Migration & Refugee Assistance Act of 1962 and the accomplishments of the charged State Department organization, the Bureau of Population, Refugees & Migration, would lead even the learned to a conclusion that denied a reality.
First, let’s examine the actual text of Presidential Determination No. 2009-15:
Presidential Determination No. 2009-15 of January 27, 2009
Unexpected Urgent Refugee and Migration Needs Related To Gaza
Memorandum for the Secretary of State
By the authority vested in me by the Constitution and the laws of the United States, including section 2(c)(1) of the Migration and Refugee Assistance Act of 1962 (the “Act''), as amended (22 U.S.C. 2601), I hereby determine, pursuant to section 2(c)(1) of the Act, that it is important to the national interest to furnish assistance under the Act in an amount not to exceed $20.3 million from the United States Emergency Refugee and Migration Assistance Fund for the purpose of meeting unexpected and urgent refugee and migration needs, including by contributions to international, governmental, and nongovernmental organizations and payment of administrative expenses of Bureau of Population, Refugees, and Migration of the Department of State, related to humanitarian needs of Palestinian refugees and conflict victims in Gaza.
You are authorized and directed to publish this memorandum in the Federal Register.
THE WHITE HOUSE, Washington, January 27, 2009
[FR Doc. E9-2488 Filed 2-3-09; 8:45 am]
Billing code 4710-10-P
When an honest examination of this document is executed the only conclusion you can arrive at is that it is about as clear as any other bureaucratic document; it isn’t. In fact, the only clearly discernable points are:
▪ President Obama felt it was justified, under Section 2(c)(1) of the Migration & Refugee Act of 1962, as amended, in allocating $20.3 million to “unexpected and urgent refugee and migration needs” as they relate to “humanitarian needs of Palestinian refugees and conflict victims in Gaza.”
▪ That this $20.3 million is to be derived from the United States Emergency Refugee & Migration Assistance Fund and allocated to the Bureau of Population, Refugees, & Migration of the Department of State.
22 USC 2601 - Sec. 2601: Refugees & Migration
US Code 2601, Title 22, Foreign Relations and Intercourse, establishes presidential authority to allocate financial provisions for:
“...the purpose of assisting in the movement of refugees and migrants.”
This section of the code is relevant due to the fact that the Presidential Determination specifically cites 22 USC 2601:
“By the authority vested in me by the Constitution and the laws of the United States, including section 2(c)(1) of the Migration and Refugee Assistance Act of 1962 (the “Act''), as amended (22 U.S.C. 2601), I hereby determine...”
To be fair, 22 USC 2601 addresses additional provisions establishing authority for the movement of funds at behest of the president for issues pertaining to international refugees and organizations that provide for them, but that does not diminish the significance of the authority vested in the president to allocate funds for migrant and refugee movement. In fact, when coupled with the mission statement of the organization due to receive the funds allocated by President Obama’s Presidential Determination, the refugee and migrant movement issue becomes more relevant.
United States Emergency Refugee and Migration Assistance Fund
According to the US State Department website:
“The State Department's Bureau of Population, Refugees and Migration (PRM) provides aid and sustainable solutions for refugees, victims of conflict and stateless people around the world, through repatriation, local integration, and resettlement in the United States. PRM is also advancing the United States' population and migration policies.” (Emphasis mine)
According to the Migration & Refugee Assistance Emergency Refugee & Migration Assistance Fiscal Year 2009 Congressional Presentation Document: (continue reading at New Media Journal)