Three Years Post-Kabul Fall: Congress Fails to Secure Future for 70K Afghan Evacuees in America

In the aftermath of the U.S. withdrawal from Afghanistan on August 15, 2021, the Biden administration announced that evacuated Afghans would enter the country through a system called humanitarian parole. While this initiative temporarily granted access to the U.S., it did not provide a pathway for permanent residency.

Following the pullout, around 70,000 Afghans fled the Taliban’s resurgence. Almost half had ties to the U.S. government or NGOs, while others sought refuge regardless of prior affiliations. After undergoing security and health checks in third countries and military bases, many were resettled in states such as Texas, Virginia, and California.

Initially designed as a short-term solution, humanitarian parole is valid for only two years, after which individuals must adjust their immigration status. In response to this limitation, Congress proposed the Afghan Adjustment Act in August 2022. This bill aims to provide evacuated Afghans with a pathway to permanent residency after additional vetting.

Two years have elapsed since the proposal, yet the act remains unpassed. Experts on migration and humanitarian rights observe that this delay illustrates systemic challenges within American politics, where legislative bills frequently stall. Upcoming elections further complicate the situation for the thousands still living in uncertainty.

The Afghan Adjustment Act surfaced at the one-year mark of the Taliban’s takeover. Sponsored by Democratic Sen. Amy Klobuchar, the bill aimed to expand existing Afghan Special Immigrant Visa access and present new avenues for Afghans to secure permanent residency status.

Established in 2006, the Special Immigrant Visa program was designed to facilitate resettlement for Afghans aiding U.S. forces. By 2021, approximately 77,000 Afghans had entered the U.S. through this program, yet many remained stranded due to bureaucratic obstacles, including nearly 18,000 high-risk applicants unable to secure visas when Kabul fell.

Under Klobuchar’s legislation, Afghans arriving in the U.S. post-2021 could apply for permanent residency through either an expanded visa program or via direct status adjustment within their two-year grace period. Subsequently, the act was presented within multiple spending bills but failed to advance due to Republican opposition, especially in light of accompanying foreign aid packages.

Despite widespread bipartisan support for aiding Afghan evacuees—including from military members, veterans, and various religious organizations—the Afghan Adjustment Act has yet to gain traction. Polls conducted after the fall of Kabul indicate significant public backing for resettling vetted Afghans in the U.S.

Critics of the act cite security concerns, suggesting inadequate vetting might enable potential links to terrorism amongst Afghan arrivals. Advocates argue that insufficient lobbying efforts have hindered the bill’s progress. Additionally, the political arena surrounding immigration continues to shift, complicating consensus on the issue.

In July 2023, Republican Sen. Tom Cotton proposed an alternative, the Ensuring American Security and Protecting Afghan Allies Act. This legislation would impose stringent refugee status requirements on Afghan evacuees, requiring personal demonstrations of danger from the Taliban—an increasingly complex challenge for many who have been out of Afghanistan for several years.

In May 2022, the Department of Homeland Security initiated temporary protected status for Afghans lacking permanent legal status, extending this status again in September 2023 to guard against deportations. However, such provisions fail to address long-term stability for the Afghan population in the U.S.

With many aspiring for asylum in the U.S., they face significant hurdles amid a heavy backlog of 2.6 million applications. While steps to streamline the asylum process were implemented, the number of Afghans granted asylum remains critically low, highlighting the challenges they confront in securing a permanent foothold.

As the third anniversary of Kabul’s fall approaches, prospects for the Afghan Adjustment Act hinge on the next administration. Vice President Kamala Harris has pledged commitment to Afghan relocation, signaling potential new strategies for Congressional passage. Conversely, a Trump administration might prioritize stricter immigration policies, diminishing the act’s legislative viability.

The upcoming composition of Congress will also play a pivotal role: Democratic control could enhance the act’s likelihood of passage. Ultimately, the Afghan Adjustment Act must be perceived beyond mere immigration policy. Supporting wartime allies is crucial to the integrity and reliability of U.S. partnerships as future international operations rely on trust and willingness to collaborate.