Two Afghan nationals, who relocated to the United States due to their assistance to American forces during the two-decade conflict in Afghanistan, have been instructed to attend in-person check-ins at an immigration office on federal holidays, specifically on December 25, 2023, and January 1, 2024. This notification, revealed by the advocacy group AfghanEvac, raises concerns about potential immigration enforcement actions during a time when legal resources are typically limited.
Scheduling immigration check-ins on significant federal holidays has drawn criticism. In a statement, AfghanEvac described the practice as unusual and coercive, suggesting it may be designed to limit access to due process protections. The group noted, “At minimum, it places individuals in a coercive position. At worst, it appears designed to reduce access to due process protections.”
For nearly a year, it has been increasingly common for immigrants attending such check-ins to face detention by federal agents. The president of AfghanEvac, Shawn VanDiver, is mobilizing resources to support Afghans facing these check-ins and urges them to reach out for assistance. Despite the presence of legal counsel, immigration agents retain the authority to detain individuals.
VanDiver expressed concerns about the implications of these actions, stating, “They’re trying to generate fear.” Legal experts advise that immigrants should continue attending check-ins, as failure to do so may result in immediate deportation. According to AfghanEvac, Afghan parolees and evacuees remain in a precarious legal status due to congressional inaction regarding their permanent residency.
The timeline of immigration policy changes under former President Donald Trump has significantly impacted Afghan nationals. In May, the Trump administration ceased the Operation Enduring Welcome program, which was designed to facilitate the relocation of vetted Afghan allies. While the Special Immigrant Visa (SIV) program continues, processing has slowed, leaving many applicants in limbo. A federal court has ordered expedited processing for long-delayed SIV applications, but the administration has indicated intentions to appeal.
The situation has left over 11,000 Afghans in the United States without a clear legal status. Following a recent incident involving a shooting perpetrated by an Afghan man with CIA ties, Trump stated that immigrants who do not “love our country” should no longer be welcomed.
Since the chaotic withdrawal from Afghanistan in August 2021, approximately 70,000 Afghans have sought refuge in the U.S., with an additional 180,000 awaiting entry through the SIV program. An estimated 65,000 refugees, along with 15,000 Afghans pending family reunification, add to the growing population affected by these policies.
The Department of Homeland Security (DHS) has faced criticism for its backlog in processing immigration applications. A recent statement from DHS highlighted the suspension of asylum processing for individuals from various countries and the reexamination of Green Card applications for individuals from high-risk nations.
On December 5, 2023, DHS Secretary Kristi Noem announced the establishment of a new vetting center aimed at enhancing the screening of immigration applications. Yet, advocates argue that the vetting processes for immigrants, particularly Afghans, have always been thorough and comprehensive, suggesting that current measures reflect a broader sentiment of rejection towards immigrants.
Since January 20, 2023, US Citizenship and Immigration Services (USCIS) has referred over 14,400 immigrants to Immigration and Customs Enforcement (ICE), with at least 2,400 arrests occurring at USCIS offices during this timeframe. The continuing challenges faced by Afghan nationals highlight the urgent need for comprehensive immigration reform and support for those who risked their lives for American interests during the war.
