Memorandum Within Constitutional Authority

Memorandum on Unexpected Urgent Refugee and Migration Needs

Issued 2016-01-13 by Barack Obama

Plain-English Overview

AI-generated summary explaining what this action does, who it affects, and why it matters

This presidential memorandum directs the Secretary of State to provide up to $70 million from the United States Emergency Refugee and Migration Assistance Fund to address urgent refugee needs. The money will support the U.S. Refugee Admissions Program through contributions to international and nongovernmental organizations working with the State Department's Bureau of Population, Refugees, and Migration. The memorandum cites authority from the Migration and Refugee Assistance Act of 1962, which allows the president to authorize such funding when it serves the national interest.

This action affects refugees seeking resettlement and the organizations that help process and support them through the admissions program. The memorandum specifically notes it addresses an unprecedented number of refugees in need of resettlement, requiring additional resources beyond what had been previously planned.

The memorandum matters because it unlocks emergency funding to respond to what the administration characterized as an unexpected surge in refugee needs. Presidential memoranda like this one are routine administrative tools that direct executive branch agencies on how to implement existing laws and allocate resources within programs already established by Congress.

AI-generated summary for educational purposes

Constitutional Analysis

How this action fits (or doesn't) within Article II authority and existing law

This presidential memorandum ("Memorandum on Unexpected Urgent Refugee and Migration Needs") provides direction to executive branch agencies. The stated purpose: "Act, in an amount not to exceed $70 million from the United States Emergency Refugee and Migration Assistance Fund, for the purpose of meeting unexpected urgent refugee and migration needs related to the U." Presidential memoranda function similarly to executive orders but are typically more narrow in scope, addressing specific agencies or implementation details. The President's authority to direct executive branch operations is grounded in Article II of the Constitution.

Memoranda are a routine administrative tool. They guide agencies on priorities, interpretation of statutes, and implementation procedures. As long as they operate within the bounds of existing law and respect congressional mandates, they are a standard exercise of presidential power that every modern administration has used.

Official Summary

Administration of Barack Obama, 2016 Memorandum on Unexpected Urgent Refugee and Migration Needs January 13, 2016 Presidential Determination No. 2016–05 Memorandum for the Secretary of State Subject: Unexpected Urgent Refugee and Migration Needs By the authority vested in me as President 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") (22 U.S.C. 2601(c)(1)), 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 $70 million from the United States Emergency Refugee and Migration Assistance Fund, for the purpose of meeting unexpected urgent refugee and migration needs related to the U.S. Refugee Admissions Program, through contributions and other assistance to international and nongovernmental organizations funded through the Bureau of Population, Refugees, and Migration of the Department of State. Funds will be used by the Department of State to meet the unexpected urgent need for additional resources within the U.S. Refugee Admissions Program, in light of the unprecedented number of refugees in need of resettlement. You are

Read the official documentOpen on GovInfo →