A.A. et al v. United States Department of State: Challenging the State Department’s Unlawful Denials to Afghan Asylee Family Members

Family members of people granted asylum in the United States have the right to file for derivative asylum status through a formal process known as “Follow-to-Join.” On June 04, 2025, President Trump signed Proclamation 10949, which enacted restrictions on immigration and travel to the United States for citizens of 19 countries, including Afghanistan. The June 4 Proclamation explicitly does not apply to asylees or people seeking asylum, but the State Department has been denying final approval and travel documents to family members whose derivative asylum applications have already been approved. IRAP filed a lawsuit representing a group of Afghan asylees and their family members against the unlawful application of the proclamation against them, as the Department of State is refusing to issue family members with travel documents for approved petitions even after interviewing them, claiming it is complying with President Trump’s travel ban proclamation.

Our clients

Our plaintiffs are seven Afghan allies and their families who have been unlawfully prevented from reuniting safely in the United States because of the State Department’s unlawful policy. Asylee Plaintiffs worked for and with the U.S.-allied government risking their lives and the lives of their families to support the United States’ efforts in Afghanistan. They were brought to the United States via Operation Allies Refuge, which evacuated thousands of at-risk Afghans following the United States’ withdrawal from Afghanistan. As they obtained asylum in the United States, they applied to reunite with their wives and children who remained at risk. Even though those petitions have been approved, the families are unable to reunite because the State Department is unlawfully preventing them from traveling to safety. 

Impact

This lawsuit challenges the State Department’s unlawful policy of denying travel documents to the United States to the family members of Afghan asylees.  Afghanistan is one of the 19 countries subject to entry restrictions  in President Trump’s Proclamation 10949, commonly known as the “travel ban” Although the Proclamation states that the restrictions do not impact asylum seekers and asylees, the State Department is nonetheless using it as a justification to bar family reunification for our allies. The U.S. has a long-standing tradition of welcoming asylees, and enshrined within the law is the right for individuals, once granted asylum, to seek reunification with family members they left behind.

Case status

• October 21, 2025: Case is filed in United States District Court for the Eastern District of Virginia (“Court” or “District Court”).
• February 11, 2026: Defendants filed a Motion to Dismiss or to Transfer.
• March 13, 2026: Plaintiffs filed their opposition to Motion to Dismiss or to Transfer.
• March 27, 2026: Defendants file their reply in support of their Motion to Dismiss.

Williams & Connolly LLP and Keler & Kershow PLLC are co-counsel in this case.