RA Guidance Regarding State and Locality Letters of Consent.docx

PRM Guidance to Resettlement Agencies Regarding State and Locality Letters of Consent

The following is additional guidance for Resettlement Agencies (RAs) regarding letters of consent to initial refugee resettlement per Executive Order 13888 on Enhancing State and Local Involvement in Refugee Resettlement (https://www.federalregister.gov/documents/2019/10/01/2019-21505/enhancing-state-and-local-involvement-in-refugee-resettlement), as implemented through the FY 2020 Reception & Placement Notice of Funding Opportunity (NOFO) (https://www.state.gov/fy-2020-notice-of-funding-opportunity-for-reception-and-placement-program/).

Definition of County or County Equivalent

The U.S. Census Bureau’s definition of a “county or equivalent entity” serves as the definition for “county or county equivalent” as used in the Fiscal Year (FY) 2020 NOFO. According to the U.S. Census Bureau, a county or equivalent entity is defined as:

The primary legal subdivision of most states. In Louisiana, these subdivisions are known as parishes. In Alaska, which has no counties, the county equivalents are boroughs, a legal subdivision, and census areas, a statistical subdivision. In four states (Maryland, Missouri, Nevada and Virginia), there are one or more cities that are independent of any county and thus constitute primary subdivisions of their states. The District of Columbia has no primary divisions, and the entire area is considered equivalent to a county for statistical purposes.

A spreadsheet with the U.S. Census Bureau’s list of counties and county equivalents is attached for reference. However, please note the special cases provided below under “Local Consent Letters.”

State Consent Letters

· Must be from the governor’s office of the state, dated, on state letterhead and signed by the current governor.

· Must contain unconditional and unambiguous consent to refugee resettlement within the state. It is helpful to use language that expressly refers to E.O. 13888 and provides for that state’s consent to initial refugee resettlement in the state.

· May consent to initial resettlement for refugees only in certain counties or county-equivalents within the state.

· May not place any other conditions on refugee resettlement, including acceptance of certain refugees or based on any other factor, such as refugees’ race, ethnicity, religion, or national origin.

· Must cover the current FY. If the letter does not state explicitly which FY it covers, we will assume that it covers the FY of the letter’s date.

Local Consent Letters

· Must be from a county or county equivalent. In addition to jurisdictions that call themselves counties, this includes:

· Consolidated city-county governments (e.g., Jefferson County-Louisville, Kentucky) and independent cities (e.g., Alexandria, Virginia).

· Towns, cities, and municipalities in New England states that lack counties as political subdivisions (e.g., Connecticut and Rhode Island).

· New York City (for New York, Kings, Bronx, Richmond, and Queens counties).

If it is unclear which entity is the county or county equivalent, please contact PRM, which will review the circumstances with the RA to identify the appropriate entity.

· Must be letters (not resolutions alone) signed by the chief executive officer, dated, on official letterhead. “Chief executive officer” means:

· In council-manager jurisdictions, the county manager or the chair of the county council/commission.

· In mayor-council jurisdictions, the mayor or mayor-equivalent.

Language explaining the governance structure, including the authority of the chief executive officer, is helpful and can be included in the letter of consent. If there is no one that can be identified as a county executive for a county or county equivalent, please contact PRM, which will review the circumstances with the RA to identify the appropriate official.

· May not place any conditions on refugee resettlement, including acceptance of certain refugees or on any other factor, such as refugees’ race, ethnicity, religion, or national origin. It is helpful to use language that expressly refers to E.O. 13888 and provides for that county or county equivalent’s consent to initial refugee resettlement in the county or equivalent.

· Must cover the current FY. If the letter does not state explicitly which FY it covers, we will assume that it covers the FY of the letter’s date.

· It is not necessary to include a list of municipalities in the letters or accompanying emails.

PRM will acknowledge receipt of all letters directly to governors and chief executive officers. It is helpful for RAs submitting such letters to PRM to provide emails for our use in responding, whether by copying the governor/chief executive office or by including the appropriate email address in the transmittal email to PRM.

Questions?

Contact PRM via email at RefResettlement-PRM@state.gov.