Civil rights advocates in Massachusetts have sued the federal government on behalf of stranded Afghans who have filed, without success, for safety in the United States.
Humanitarian parole allows enrollees to enter the U.S. and live here with temporary status of two years. The American Civil Liberties Union (ACLU) of Massachusetts and law firm Mintz said that while some requests were being granted in the early fall, this stopped as applications mounted. Then in November, the federal government “began to implement new standards that appear designed to ensure the denial of most applications.”
“The government’s retreat from the Afghan humanitarian parole process has had tragic consequences, leaving our clients stranded and in danger,” said ACLU of Massachusetts Staff Attorney Adriana Lafaille. The complaint states that three relatives of one plaintiff who worked with U.S. military and is now a U.S. citizen were murdered while waiting for decisions.
RELATED STORY: Senate Democrats call out 'stark inconsistencies' in treatment of Ukrainian and Afghan refugees
“When the United States’ 20-year occupation of Afghanistan ended in August 2021, the U.S. airlifted more than 100,000 Afghan people out of the country,” ACLU of Massachusetts and Mintz said. “But the evacuation efforts left thousands of at-risk Afghans behind—including women and those who directly assisted the United States. Tens of thousands of vulnerable Afghans sought help from the U.S. government through applications for humanitarian parole, which allows people to temporarily enter the United States for a limited period, and, once here, apply for asylum or other immigration relief if eligible.”
But the lawsuit states that changes implemented in the fall have resulted in unjust denials, while others have received no responses at all.
“The plaintiffs who remain in danger in Afghanistan and surrounding countries include a female judge who sentenced members of the Taliban, other women who previously rose to positions of prominence, and people who directly supported the United States in Afghanistan or worked with the U.S.-backed Afghan government, and their family members,” the statement said.
“The ACLU argues the changes violated federal rules and requests a federal judge order applications be promptly adjudicated or re-adjudicated under the original standards,” the Associated Press reports.
The lawsuit comes as Senate Democrats have called out the “stark inconsistencies” when it comes to the treatment of Ukrainian and Afghan refugees who are seeking safety here. Lawmakers noted in their letter to the Biden administration that while nearly 6,000 Ukrainians have been granted humanitarian parole, just 270 Afghans have been approved, and under a much more complicated process demanding a much higher burden of proof. For example, Ukrainians don’t have to prove they were specifically targeted by Russian invaders. Afghan applicants do have to show a targeted campaign by Taliban forces.
The complaint states that even after three of plaintiff Rasul Roe’s family members were killed, “USCIS did not act, leaving the survivors at risk. Indeed, it was not until May 2022, more than six months after Rasul filed the applications on behalf of his family, that USCIS first asked him for additional information. The cases remain pending.”
The lawsuit names Department of Homeland Security Alejandro Mayorkas, Secretary of State Antony Blinken, and U.S. Citizenship and Immigration Services Director Ur Jaddou as defendants.
“This change in policy has left Afghans stranded and at risk of extreme violence or death,” said ACLU of Massachusetts Executive Director Carol Rose. “At the same time, it has devastated those who put their faith in the humanitarian parole process. The government has a responsibility to apply its laws fairly, effectively, and efficiently—especially when it deals with the cases of those who are attempting to flee from danger.”
RELATED STORIES:
'The American dream I am enjoying today': Former interpreter urges permanent relief for Afghans
Tens of thousands of Afghan allies are resettled throughout U.S. but still lack permanent relief
Baby horrifically lost amid Afghanistan evacuation reunited with relatives after five months