Reading Room Document

Presidential Authority To Use Funds From the United States Emergency Refugee and Migration Assistance Fund

The United States Emergency Refugee and Migration Assistance Fund, established by § 2(c) of the Migration and Refugee Assistance Act of 1962, is available to cover the administrative costs of processing a recent influx of Cuban migrants to the United States, even though they have not been classified as refugees and are thus ineligible for assistance under other programs authorized by the Act. Congress intended the President to have discretion to use the Fund for any emergency situation involving unexpected refugee and migration needs, whenever and wherever it occurs. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/24506/download.

June 5, 1980