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Tell Congress to Reintroduce and Pass the Afghan Adjustment Act
Since 2021 the United States has welcomed Afghans who aided the U.S. mission in Afghanistan and their family members, among others so that they could restart their lives here in safety after helping our troops during the 20-year war, the U.S. military withdrawal, and the fall of their country back to the Taliban.
In the last Session of Congress, the bi-cameral, bi-partisan Afghan Adjustment Act of 2022 (Senate Bill 4787 and House Bill 6585) nearly passed as part of the December 2022 Omnibus negotiations. The bill provided a path to permanent residency for the more than 70,000 Afghans paroled into the U.S. It also will facilitate the safe departure of those we left behind. That legislation did not pass and must be reintroduced with renewed urgency since Afghan parole status will expire during the Summer of 2023.
Congress must now reintroduce and pass this bill so that Afghans who only have temporary protection gain the security and stability they need to rebuild their lives and thrive. This legislation will be important to:
The Afghan Adjustment Act allows certain Afghans who reside in the U.S. and have passed the requisite security checks a clear pathway to permanent status, circumventing the need for Afghan evacuees to go through the current overburdened processes to get permanent residency.
In the past, the U.S. has implemented similar adjustments for those fleeing repression in Vietnam, Cuba, the USSR, and Iraq.
What issue would an Afghan Adjustment Act exist to solve? With the August 2021 end of the United States’ military involvement in Afghanistan and the fall of the country’s capital of Kabul, the United States airlifted tens of thousands of Afghan persons, many of them children, to safety from persecution and violence. After experiencing often heartbreaking and harrowing ordeals to escape and secure safety for themselves and their families, the vast majority of these evacuees now in the United States continue to live in legal limbo, eligible for Temporary Protected Status (TPS). Currently, pathways for Afghan evacuees to permanent residency are completely inadequate to process these evacuees.
Recent Background of Efforts to Pass the AAA. In August of 2021, the United States completed its combat role in the 20-year Afghanistan War as the Taliban took over the government of that country. Unfortunately, there is unfinished business from that war. In August of 2021, the U.S. managed the evacuation of over 120,000 people from that country -- including more than 75,000 who came to this country. They are residing here on parole which is intended to be a temporary status until they can be safely returned or can gain permanent residency and work permits in this country. As they approach the two-year mark of their stay here, Congress has failed to pass an Adjustment Act to manage the introduction of these refugees into our society. These refugees -- the majority of whom risked their lives to support the U.S. in the war -- have not received the treatment accorded to other refugees after other failed U.S. endeavors like the Vietnam War. Despite a strong bipartisan, bicameral effort by UUSJ and many other faith-based and veteran organizations in the 117th Congress, we failed to achieve passage of the Afghanistan Adjustment Act. This Bill will soon be [or has just been] introduced in the 118th Congress and it is urgent that we get it passed.
What would an Afghan Adjustment Act do to fix this? An Afghan Adjustment Act would allow certain Afghans who reside in the United States and have passed the requisite security checks a clear pathway to permanent status, circumventing the need for Afghan evacuees to go through the current inadequate processes to get permanent residency. In the past, the United States has implemented similar adjustments for those fleeing repression in Vietnam, Cuba, the USSR, and Iraq. Unless Congress acts, these Afghans’ only opportunity to get a green card is through our backlogged asylum system or our overburdened Special Immigrant Visa program. The bipartisan Afghan Adjustment Act allows Afghans with temporary status who submit to additional vetting–including an in-person interview–to apply for permanent legal status. All applicants will be required to complete vetting equivalent in rigor to the vetting that they would have gone through if they came to the U.S. as refugees. The bill also requires the Department of Homeland Security (DHS) to develop a vetting database in consultation with the Department of Defense (DOD) with information about evacuees. In addition, the Bill responds to every recommendation from DHS and DOD Inspectors General reports. That includes requiring DHS and DOD to brief Congress on security concerns identified during the application process, including threats posed by those who failed to apply. If Congress does nothing, Afghan evacuees will not be required to undergo this additional vetting.
Why do we need an Afghan Adjustment Act now? Temporary Protected Status is by its nature temporary, so time is running out for the evacuees. It is urgent to provide them with a path to permanent status so they are not put in danger of deportation. Evacuees face struggles because of their current status and the instability and isolation of the current situation have often taken a heavy mental toll. It is imperative their status be changed as soon as possible to provide them stability and a chance to sponsor and reunite with family still in Afghanistan. Further, given the coming processing and resettlement of Ukrainian refugees, immediately finding a solution for the Afghan evacuees’ situation is necessary to prevent a further breakdown in the process.
The Bill has been Bipartisan since its inception. It was introduced in the Senate by three Republicans (Graham, Blount, and Murkowski) and three Democrats (Klobuchar, Blumenthal, and Coons). Subsequently, Senators Moran, Wicker, Leahy, and Shaheen cosponsored it after Moran's concerns about adequate vetting were satisfied. In the House, there were 145 cosponsors. This Bill has had very strong support from Retired Military and all major Veteran Service Organizations (VSOs) including the American Legion and the Veterans of Foreign Wars (VFW). The VSOs and retired senior officers (including three former Chairmen of the Joint Chiefs of Staff, a former NATO Supreme Commander, and Admiral Bill McRaven -- former commander who led the capture of Bin Laden) have written strong letters of support for this Bill. They stress the fact that potential future allies will reflect on the U.S. treatment of these people who stood alongside us in a brutal war.
The asylum process is equally backlogged, and Afghan evacuees face the difficult requirement to provide specific evidence of individual persecution — such as proof of Taliban knowledge of their work for the United States. They typically are unable to obtain such evidence. Most evacuees lack access to legal counsel, making navigating the arduous asylum procedure even more difficult.
AAA Press Hits and Advocate Statements:
The Afghan Adjustment Act will allow certain Afghans who reside in the U.S. and have passed the requisite security checks a clear pathway to permanent status, circumventing the need for Afghan evacuees to go through the current overburdened processes to get permanent residency.
Congress must now reintroduce and pass this bill so that Afghans who only have temporary protection gain the security and stability they need to rebuild their lives and thrive. This legislation will be important to: