The Afghan Adjustment Act
November 17, 2021
By Lindsay Boudreau
Laws in the United States are ever-changing because reality is ever-changing. Time and time again, we are faced with new situations that can’t be properly addressed by the past and call for us to reevaluate. Today, we are in the midst of one of these occurrences where both the legal system and institutions of the United States are unprepared. This situation pertains to the influx of Afghans seeking safety after their state fell to the Taliban in August of this year, 2021.
Despite the long involvement of the American government in Afghanistan, the U.S. lacks proper pathways to permanent legal residence for Afghans—even those who assisted the American government and military before the U.S. removed its troops. While some of those who worked for the U.S. government have special immigrant visas, many Afghans seeking protection in the U.S. are considered ‘humanitarian parolees.’ This grants them temporary legal status because of the extreme danger they would face in their home country. It does not, however, provide them a path to citizenship or permanent legal status. This designation also means that the Afghans are not entitled to certain assistance funds and services that would ensure that they can thrive, though there is a continuing resolution that would provide this.
While the U.S. has never resettled this many Afghan refugees at a time, there are multiple precedents for similar situations. Under both the Haitain Refugee Immigration Fairness Act and the Cuban Adjustment Act, the U.S. responded to influxes of people fleeing danger by providing them pathways to legal residence. Amid an already overwhelmed system for asylum-seekers, the government enacted legislation that properly reacted to the humanitarian crises at hand by creating an alternative to applying for asylum. For situations like Afghanistan, where we do not know when the country will be safe to return to, there needs to be a way for refugees to live in the U.S. permanently.
Right now, the U.S. is resettling the most refugees since the Vietnam War. Those fleeing their country due to legitimate fears of immediate persecution should not have to navigate the complex legal designations for status upon arrival or worry about their residency becoming illegal after a year.
This is why many non-governmental organizations, nonprofits, and individuals are calling for the Congress to pass an Afghan Adjustment Act. Nearly identical to the Cuban Adjustment Act, this would allow Afghans to have lawful permanent residency and gain access to resources that can help them start their lives in the U.S. Citizens can show their support by contacting their member of Congress for the Afghan Adjustment Act, volunteering with organizations who aid refugees like the International Institute of New England, or donating to organizations such as the UN Refugee Agency. Something needs to be done to ensure the protections of Afghan refugees, and the Afghan Adjustment Act would do so by simply following the precedent.