When the United States decided in 2021 to pull military operations out of Afghanistan, the Taliban quickly reassumed power throughout the country. The shift in power triggered a mass evacuation and severe refugee crisis, as hundreds of thousands of Afghans fled the violence and tyranny of the new regime. Over 76,000 of those refugees came to the United States, with thousands being housed and paroled at U.S military bases while future resettlement plans were slowly being determined.
The U.S. State Department and USCIS created a Special Immigration Visa (SIV) program for Afghans who assisted U.S. military operations in Afghanistan. Because the eligibility requirements for the SIV program are extremely narrow, most Afghan refugees entered the country through the humanitarian parole process. However, humanitarian parole provides only a temporary visa for evacuees to reside in the United States, and does not provide a clear path to permanent citizenship. After two years, if refugees have not extended their temporary protected status or have not gained permanent resident status, they can lose their ability to work in the United States, lose access to healthcare, and ultimately could be deported.
Unlike refugees in other refugee resettlement programs, Afghan refugees in the United States have limited options for gaining lawful permanent status. The most common option is to apply for asylum, but that process is very lengthy and there is a currently a backlog of over 1.4 million cases. In addition, as refugees evaded Taliban forces during their evacuation, many had to destroy documents or evidence that would otherwise be needed for their asylum applications. The SIV program faces a similar backlog problem, and only applies to certain Afghans due to its very narrow eligibility requirements.
Without a clear path to permanent residency, most Afghan refugees are left with uncertainty about their futures. Relying on temporary protected status leaves Afghan refugees in limbo, and hinders their ability to resettle in the United States or to reunify with family members still stuck in Afghanistan or other countries.
In response to the challenges that Afghan refugees are experiencing with the U.S. immigration system, a bipartisan group of U.S. Senators and Representatives have joined together to introduce the Afghan Adjustment Act. Introduced in both the Senate and the House of Representatives, the Afghan Adjustment Act would provide Afghan refugees with a pathway to lawful permanent resident status.
After 1 or 2 years has passed since being paroled in the United States, Afghans could apply for their green card after completing additional security vetting. The Act would also expand the SIV program to include additional groups who supported or worked alongside military operations in Afghanistan, including the Afghan Air Force and Female Tactical Teams of Afghanistan.
The Afghan Adjustment Act would give Afghan refugees certainty about their future in the United States, allowing families to resettle into their new communities, secure gainful employment, receive healthcare, and avoid deportation. Once refugees have gained the lawful permanent resident status, they can eventually apply for full citizenship. As citizens, they would be able to sponsor family members who are abroad, ultimately reunifying families in the United States.
In the past, the U.S government has enacted similar policies that provided special immigration options for refugees. Such policies have come in response to war-zone or humanitarian evacuations caused by the rise of Fidel Castro in Cuba, military actions in Iraq, and the fall of Saigon in the Vietnam War.
San Francisco & Bay Area immigration attorney Spojmie Nasiri was quoted in a press release from U.S House of Representative Earl Blumenauer's (D-OR) office regarding the Afghan Adjustment Act:
"In the last two decades Afghans have sacrificed their lives with a mere dream that the U.S. will deliver on their promise of peace and prosperity
"We owe justice to these Afghan parolees and the Afghan Adjustment Act can be one of the best ways to pay back and put an end to their legal limbo. The Afghan Adjustment Act will enable a pathway for over 76,000 Afghans to attain permanent legal resident status in the United States. Indeed, it is one of the fastest ways to help Afghan parolees reunite with their families.
"In the last year, thousands of my fellow Afghans, young and old, left their homes with merely the clothes they were wearing. It is the United States’ moral obligation to keep up with their promise of helping Afghans, who have stood shoulder to shoulder with our government, and their mission in Afghanistan through thick and thin."
–Spojmie Nasiri
The bicameral legislation was introduced by a bipartisan group of lawmakers earlier in August 2022. Should the Afghan Adjustment Act pass and be signed into law, it would give hope, certainty, and stability to thousands of Afghan families who are trying to rebuild their lives in the United States.
