US needs to provide legal certainty to Afghan evacuees

The chaos of the US withdrawal from Afghanistan and the Taliban takeover in 2021 left behind thousands of Afghans who had worked with US government agencies and in other positions that left them in danger under the new regime. Those who were able to make their way onto evacuation flights and eventually to the US continue to face significant uncertainty over their future. The US government needs to do more, and quickly, to assist those Afghans who were partners during 20 years of war.
Afghans who worked with the US military and other US agencies, and who remain in Afghanistan, face immediate dangers and enormous obstacles to applying for visas to the US, even when they meet the specific qualifications for a Special Immigrant Visa, or SIV, which was specifically created to help Iraqis and Afghans who worked with the US government. The US no longer has diplomatic representation in Afghanistan, so many Afghans seeking refuge in the US must find a way to travel to third countries simply to complete the application process. The process can take many months or even years, and applications go into a massive bureaucratic backlog. The reality is that most Afghans who qualify for an SIV or other protection in the US will remain stuck.
Meanwhile, many of those who made it to the US during and after the American withdrawal face the usual challenges of refugees, in finding housing and work, as well as uncertainty over their future legal status. In the chaos and fear surrounding the 2021 pullout, the US evacuated thousands of Afghans. Since August 2021, more than 80,000 Afghans have entered the US. Given that regular visa processes can take years, most of the evacuees entered under “humanitarian parole” — a two-year program for emergency situations. Unless Congress takes action soon, their legal status will expire next year.

The best hope for Afghans in the US to avoid years of uncertainty and legal paralysis is for Congress to help them right now.

Kerry Boyd Anderson

These Afghans can apply for SIVs, if they qualify. There also is a Priority 2 program for Afghans who worked with US contractors, human rights organizations and a limited number of other groups. Others must apply for asylum. In September, the Biden administration announced plans to end Operation Allies Welcome, which had helped evacuate Afghans, and transition to a longer-term approach. Officials said that the Afghans in the US should apply for existing visa programs, such as SIVs, asylum and family reunification.
The problem with this approach is that there are limited numbers of SIVs available, and the channels for asylum and other visa applications are backlogged. Many of the evacuees likely meet the narrow requirements for such visas, but their applications could take years. Others might not meet the requirements, but would face extreme danger if returned to Afghanistan. For all, their legal status to live and work in the US will soon be unclear unless Congress takes action. There are fears that some might be deported to Afghanistan, though practical realities make this unlikely for most of the Afghans in the US.
Adding to worries for Afghan allies of the US, especially those who remain in danger in Afghanistan or third countries, Congress recently removed from legislation a provision to expand the SIV program for another year. Unless the provision is added to other legislation soon, many Afghans who qualify for SIVs will be left with no viable options for refuge in the US.
Advocates for the Afghans who were evacuated to the US are pushing for the Afghan Adjustment Act, which would offer a special path to permanent residency for the Afghans who entered under humanitarian parole. Applicants would undergo additional vetting and then could receive green cards to permanently live and work in the country. The act also would create a task force focused on helping those left behind in Taliban-controlled territory.
The Afghan Adjustment Act is sponsored by Republicans and Democrats. However, while it has some bipartisan support, a sufficient number of Republicans oppose it to potentially sink the act. Republicans’ stated criticism is that Afghans brought to the country in the chaos of 2021 were not properly vetted. However, since the proposed legislation would help address those concerns by creating additional vetting before receiving permanent residency, their argument appears to be disingenuous. More likely, the Afghan evacuees are caught up in general anti-immigration sentiment among Republicans.
The Afghans’ main advocates are US military veterans, especially those who served in Afghanistan. These supporters and their allies in Congress were trying to ensure that the Afghan Adjustment Act was incorporated into an end-of-year omnibus spending bill. In January, Republicans will take control of the House of Representatives, creating new challenges for legislation to help Afghan evacuees and Afghan allies abroad. However, this crucial form of assistance for Afghans who supported the US in Afghanistan was not included in the omnibus bill.
The best hope for Afghans in the US to avoid years of uncertainty and legal paralysis is for Congress to help them right now. The road to providing them with basic security will become more difficult otherwise, but their advocates are dedicated and will continue to fight on their behalf. Republicans in the House are keen to hold hearings into the Biden administration’s management of the 2021 withdrawal, which could provide opportunities to remind Congress and the public about the allies left behind, both in the US and abroad.

• Kerry Boyd Anderson is a writer and political risk consultant with more than 18 years of experience as a professional analyst of international security issues and Middle East political and business risk. Her previous positions include deputy director for advisory with Oxford Analytica.

Twitter: @KBAresearch