A bipartisan coalition of lawmakers in the House and the Senate this week introduced legislation to give a pathway to citizenship to tens of thousands of Afghan evacuees who were brought to the U.S. and given temporary status in the wake of the withdrawal from Afghanistan last year.
The Afghan Adjustment Act has been introduced in both chambers and would allow Afghans with temporary humanitarian status to apply for permanent legal residency in the United States -- rather than through the asylum system or Special Immigrant Visa (SIV) process. The legislation would also broaden eligibility for the SIV visa, which is designated for allies who aided the American military operation in the country.
More than 76,000 Afghans were evacuated to the U.S. after the withdrawal late last year, mainly using the humanitarian parole process -- which is supposed to be used on a case-by-case basis for "urgent humanitarian or significant public benefit" reasons.
Now, those with a temporary status would be given permanent status if they submit to additional background checks, rather than through alternative systems that are facing significant backlogs. The bill would also establish a State Dept. task force to continue the relocation and resettlement of Afghans for the next ten years.
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"Nearly a year ago, thousands of our Afghan allies fled their homes as their country fell to the Taliban," said Sen. Roy Blunt, R-Mo, one of three Senate Republicans to back the bill. "These evacuees are people who stood by our service members, risking their safety and the safety of their loved ones, in support of the U.S. mission in Afghanistan. This bill maintains a rigorous vetting process while providing an opportunity for Afghan refugees to rebuild their lives in America. I urge our colleagues to support this bipartisan effort to help those who helped us."
"Giving our Afghan allies a chance to apply for permanent legal status is the right and necessary thing to do," Sen. Amy Klobuchar, D-Minn., said in a statement. "This bipartisan legislation will help provide these newly arrived Afghans who have sacrificed so much for our country with the legal certainty they deserve as they begin their lives in the U.S. It’s important to do what we can to help our Afghan friends find stability, opportunity, and community in their new home."
"The Afghan Adjustment Act is critical for tens of thousands of U.S.-affiliated and at-risk Afghans, many of whom are already living in the United States," Rep. Earl Blumenauer, D-Ore., said. "We must keep our commitment to provide safe, legal refuge to those who willingly put their lives on the line to support the U.S. mission in Afghanistan. Congress has provided a legal adjustment process for previous wartime evacuations and humanitarian crises and should do so once again, without delay."
With bipartisan support, the bill would appear to have a pathway to being passed in both chambers, where Democrats hold a narrow majority in the House and a split in the Senate.
However, it will likely face resistance from some Republicans and immigration hawks, who objected to the numbers of Afghans coming to the U.S. -- some of whom do not have any connection with the American military operation in the country -- and have also raised concerns about vetting and security.
"The Biden administration’s disastrous withdrawal from Afghanistan resulted in a flood of evacuees from a terrorist safe haven who are impossible to properly screen," RJ Hauman, head of government relations and communications at the Federation for American Immigration Reform (FAIR), told Fox News Digital.
"Spare me the good intentions behind a legislative proposal like this – the botched resettlement of Afghans is a crisis that poses serious national security and public safety concerns," he said. "Sounds like our southern border doesn’t it? If only lawmakers would treat the American people like they do migrants displaced by yet another Washington foreign policy blunder."
The bill comes after the Biden administration granted Temporary Protected Status in March to Afghan evacuees who do not have an SIV, giving them protection from deportation and allowing them to apply for work permits. That status lasts for 18 months and can be renewed. DHS has previously estimated that about 40% of those evacuated qualify for an SIV – available to those who worked for the U.S. or its allies during the 20-year conflict.
DHS said that it designated Afghanistan due to ongoing armed conflict and extraordinary and temporary conditions that prevent the country’s nationals from returning safely. It cited not only the brutal Taliban control, but also a collapsing public sector, economic crisis, increasing crime and food and water insecurity.
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Meanwhile, a Department of Defense whistleblower recently reported to Sens. Josh Hawley, R-Mo., and Ron Johnson, R-Wis., recently that 324 of the individuals the Biden administration evacuated have appeared on the Pentagon’s watch list, including known, suspected terrorists. The whistleblower also alleged that the White House and DOD officials directed agency personnel to cut corners and not conduct full fingerprint tests of Afghan evacuees.
The administration has repeatedly emphasized that it has multi-layered vetting in place. FBI Director Christopher Wray told lawmakers last week that he was unfamiliar with that information from the whistleblower, but defended the Biden administration’s vetting process.
"This was a massive number of people to be vetting in an extraordinarily short period of time," he said. "And, inevitably, it raises concerns."
A DHS spokesperson told Fox News earlier this year that Afghan evacuees went through rigorous screening and a vetting process that spans many government agencies.
"The federal government is leveraging every tool available to ensure that no individuals who pose a threat to public safety or national security are permitted to enter the United States," they said.
