Since the arrival of the first settlers on our eastern seaboard nearly 400 years ago, America has been a refuge for victims of persecution, intolerance and privation from around the world. Tide after tide of immigrants has settled here and each group has enriched cur heritage and added to our well-being as a nation. For many residents of Southeast Asia who stood by America as an ally and who have lost their homeland in the tragic developments of the past few weeks, America offers a last, best hope upon which they can build new lives. We are a big country and their numbers are proportionately small. We must open our doors and our hearts. The arrival of thousands of refugees, mostly children, will require many adjustments on their part and considerable assistance on ours. But it is in our best interest as well as theirs to make this transition as gracious and efficient as humanly possible. I have determined that it would be in the public interest to establish an advisory committee to the President on the resettlement in the United States of refugees from Indochina. Now, THEREFORE, by virtue of the authority vested in me by the Constitution and statutes of the United States, and as President of the United States, it is ordered as follows: SECTION 1. Establishment of a Presidential Advisory Committee. There is hereby established the President's Advisory Committee on Refugees, hereinafter referred to as the Committee. The Committee shall be composed of such citizens from private life as the President may, from time to time, appoint. The President shall designate one member of the Committee to serve as chairman. SEC. 2. Functions of the Advisory Committee. The Committee shall advise the President and the heads of appropriate Federal agencies concerning the expeditious and coordinated resettlement of refugees from Southeast Asia. The Committee shall include in its advice, consideration of the following areas: (a) Health and environmental matters related to resettlement; (b) the interrelationship of the governmental and volunteer roles in the resettlement; (c) educational and cultural adjustments required by these efforts; (d) the general well-being of resettled refugees and their families in their new American communities; and (e) such other related concerns as the President may, from time to time, specify. The Committee shall also seek to facilitate the location, solicitation, and channeling of private resources for these resettlement efforts, and to establish lines of communication with all concerned governmental agencies, relevant voluntary agencies, the Vietnamese-American community and the American public at large. The Committee shall conclude its work within one year. SEC. 3. Assistance, Cooperation, and Expenses. (a) All executive departments and agencies of the Federal government, to the extent permitted by law, are directed to cooperate with the Committee and to furnish such information, facilities, funds, and assistance as the Committee may require. (b) No member of the Committee shall receive compensation from the United States by reason of service on the Committee, but may, to the extent permitted by law, be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 5703). SEC. 4. Federal Advisory Committee Act. Notwithstanding the provisions of any other Executive order, the functions of the President under the Federal Advisory Committee Act (5 U.S.C. App. 1), except that of reporting annually to Congress, which are applicable to the advisory committee established by this Order, shall be performed by the Secretary of Health, Education, and Welfare. GERALD R. FORD The White House, May 19, 1975.
Executive Order 11860—Establishing the President's Advisory Committee on Refugees
Executive Brief • At a Glance
There is hereby established the President's Advisory Committee on Refugees, hereinafter referred to as the Committee.
Plain-English Translation & Framers' Constitutional Analysis
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
Signed by President Gerald R. Ford on May 19, 1975, this order concerns Establishing the President's Advisory Committee on Refugees. Since the arrival of the first settlers on our eastern seaboard nearly 400 years ago, America has been a refuge for victims of persecution, intolerance and privation from around the world. Tide after tide of immigrants has settled here and each group has enriched cur heritage and added to our well-being as a nation.
Key Directives & Operative Actions
There is hereby established the President's Advisory Committee on Refugees, hereinafter referred to as the Committee.
Now, THEREFORE, by virtue of the authority vested in me by the Constitution and statutes of the United States, and as President of the United States, it is ordered as follows: SECTION 1.
The Committee shall be composed of such citizens from private life as the President may, from time to time, appoint.
The President shall designate one member of the Committee to serve as chairman.
Constitutional & Societal Entities Impacted
Policy Areas & Topics
The Framers' Constitutional Council
1787 PrismEvaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.
"When the President acts pursuant to an express or implied authorization of Congress, his authority is at its maximum, for it includes all that he possesses in his own right plus all that Congress can delegate."
James Madison
Separation of Powers & Legislative Primacy
"The constitutional magistracy was designed not to invent policy, but to be the faithful instrument of the laws passed by the people's representatives." — Speech in the First Congress (1789)
Madison would approve the structural posture of this order. The President acts strictly in subordination to statutory authority granted under Article II, Section 3 ("take Care that the Laws be faithfully executed"). The checks and balances hold firm because the policy origin remains with the legislature.
Alexander Hamilton
The Energetic Executive & Unified Command
"A feeble Executive implies a feeble execution of the government; and a government ill executed, whatever it may be in theory, must be, in practice, a bad government." — Federalist No. 70 (1788)
Hamilton would view this directive as the natural and indispensable functioning of administrative leadership. Without the power to coordinate agencies, manage personnel, and resolve operational ambiguities, the modern presidency would be reduced to an impotent figurehead.
George Mason
Bill of Rights, Due Process & 10th Amendment
"The purse and the sword ought never to be in the same hands... nor the liberties of the citizen placed at the pleasure of a single magistrate." — Virginia Ratifying Convention (1788)
George Mason and the Anti-Federalists would sound a fierce warning. They feared that Article II would inevitably evolve into an elective monarchy. When an executive order impacts private rights, property, or civil liberties without individualized judicial process, Mason would see their darkest predictions verified.
Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
Legislative Encroachment & Purse
Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.
Executive Scope & Faithfulness
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
Due Process & Individual Rights
Applies regulatory or compliance standards to private contractors or commercial entities.
Youngstown Jacksonian Tier
The President operates strictly as the constitutional Chief Executive, carrying out policy established by Congress with strong statutory backing.
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Referenced By Later Executive Orders (1)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Scholarly & Legal Citations
Exec. Order No. 11,860 (May 19, 1975), https://executiveordersarchive.org/orders/app-executive-order-11860-establishing-the-presidents-advisory-committee-refugees.