The Crisis in Afghanistan and Options for Immigration Relief

Demonstrators in London Rally to Call or Action on Afghanistan

The humanitarian situation in Afghanistan has raised calls from advocates and human rights organizations for immediate action to help those fleeing the country as refugees. The sudden collapse of the Afghan government and the return of the Taliban has sparked debate over what, if anything, should be done to deal with a looming humanitarian crisis. Most of the solutions being discussed in the United States are, in one way or another, related to immigration and the resettlement of vulnerable populations. 

While there is some bipartisan agreement in the United States that some policy or process should be put in place to support Afghans who cooperated with U.S. forces in the country, it remains to be seen exactly how many of these individuals will be afforded protection.

The debate over what types of lawful status should be afforded to vulnerable Afghans provides an important case study of what happens when political considerations and calculations meet an urgent humanitarian crisis and why refugee challenges are so often difficult to resolve. In this blog, we examine the various immigration options being discussed with respect to the situation in Afghanistan. 

The challenge on the ground and potential solutions 

Since the Taliban entered the capital city of Kabul on August 15, the airport has now become one of the only routes out of the country. The situation in the airport has been chaotic and disorganized, as thousands of Afghans have gone to the airport seeking a way out. The panic has led to at least seven deaths at the airport, as the crowded situation has reportedly resulted in individuals being crushed, trampled, or injured. 

Thousands of Western troops have tried to control large crowds from entering the airport. A NATO official told reporters, "The situation at Kabul airport remains extremely challenging and unpredictable."

The Biden administration has vowed to prioritize the evacuation of all American citizens from Afghanistan, with some estimates stating that tens of thousands of Americans are still hoping to be flown out. Despite this commitment, questions still remain about what relief can be provided to Afghans who are not citizens of the United States and are seeking protection from the Taliban.

This includes potentially hundreds of thousands of Afghans who have in some manner assisted the American military during the twenty years of military occupation in the country, as well as ethnic and religious minorities fearing persecution, and finally, ordinary citizens wishing to escape Taliban rule. 

Almost all of these individuals fit the classic definition of refugees, seeking to escape persecution based on a protected ground. The question now faced by the United States and much of the world is how to resettle this population in such a short period of time. 

A coalition of over 100 Muslim and immigrant rights organizations recently wrote a letter calling on President Biden to broaden visa eligibility and increase support for Afghans seeking refuge in the United States. The letter called for U.S. authorities to broaden the categories of Afghans who are eligible to apply for resettlement or special visas to the United States, as well as the use of humanitarian parole to expedite relocation. 

The letter stated: “We echo the calls of Afghan American communities and organizations that are urging President Biden to:

• broaden eligibility for Priority 1 and Priority 2 referrals to the U.S. Refugee Admissions Program;

• broaden eligibility for the Afghan Special Immigrant Visa program and increase processing capacity across all relevant agencies;

• create a special humanitarian parole program to meet the urgent needs precipitating from the current crisis, and

• increase the annual refugee allocation immediately.”

Debate Limits Action

The demands put forth by advocates have been met with opposition by some in Washington. Many Democrats, including a group of 46 Senators (43 Democrats and 3 Republicans), are calling for the administration to use a procedure known as “humanitarian parole” to get as many Afghans into the country as possible. The letter to the administration asks that human rights activists, women leaders, and other public figures be allowed to relocate to the United States quickly. 

The benefits of the humanitarian parole process include the ability to enter the United States immediately, without the need to apply for a visa or go through the typical background checks and procedures that the immigration process entails. Individuals who are paroled into the country can subsequently apply for various forms of immigration relief, including asylum.

In addition to the push for humanitarian parole, other Congressional members are calling for other forms of relief.  Rep. Pramila Jayapal, D-Wash, the leader of the House Progressive Caucus, called for an increase in specific forms of visas and temporary status for Afghans in the United States. 

"The United States must ensure refugee processing moves forward without bureaucratic delay and with special allowances recognizing the difficulty for people to leave Afghanistan," Jayapal said in a statement Tuesday. " In addition to the State Department's work to expedite Special Immigrant Visas, we must also expand these visas and grant Temporary Protected Status to Afghans residing in the United States."

In response to the calls for action, NBC News reported that the President wrote a memo granting the Secretary of State Antony Blinken an additional $500 million for "unexpected urgent refugee and migration needs of refugees, victims of conflict, and other persons at risk as a result of the situation in Afghanistan, including applicants for Special Immigrant Visas."

According to Reuters, “the Pentagon is aiming to evacuate up to 22,000 Special Immigrant Visa applicants, their families, and other at-risk people.” Other potential proposals include resettling Afghans in third countries, either permanently or to provide temporary safe haven for those fleeing persecution. 

As it stands, the United States appears to have until August 31st to evacuate up to 100,000 individuals from Afghanistan or risk a confrontation with the Taliban over extending the deadline. 

While many options are being discussed in Washington, it appears the Biden administration has been hesitant to take broad-based action on the resettlement of Afghans over fears of what “Fox News might say.”

While the administration continues to face pressure from lawmakers on potential solutions, local activists in places like the Bay Area have continued to raise their voices demanding action. Immigration attorney Spojmie Nasiri spoke to the San Francisco Chronicle during Oakland’s Lake Merritt demonstration.

“I personally have about 50 clients – including U.S. citizens, green card holders, and those with pending applications – who were tear-gassed.... Some families six days straight were waiting at the airport to get through,” she said. “Today’s the seventh day, and I finally heard they were able to get into the airport compound. I don’t know where they’re going to end up.”