News & Resources
FOR IMMEDIATE RELEASE
October 10, 2024
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Spencer Tilger | media@refugeerights.org
AFGHAN ALLIES SUE STATE DEPARTMENT OVER BOILERPLATE SIV ELIGIBILITY DENIALS
Plaintiffs seek opportunity to challenge denials and reach safety in the United States
(New York, NY) – Yesterday, five Afghan nationals and the International Refugee Assistance Project (IRAP) sued the State Department for denying Chief of Mission (COM) applications—the crucial first step in obtaining a Special Immigrant Visa (SIV) for Afghan allies—without the written explanation required by law.
The individual plaintiffs worked for years at companies that enabled the U.S. government to carry out its decades-long mission in Afghanistan, often at great personal risk to themselves and their loved ones. As the situation in the country became increasingly untenable, each made the difficult decision to seek a path out of Afghanistan by applying to the SIV program, only to have their COM applications denied without the individualized explanation mandated by the Afghan Allies Protection Act. Not only does withholding this explanation violate the law, it makes it nearly impossible for applicants to challenge their denial and leaves them at risk of reprisal from the Taliban.
“After working for many years with a U.S.-backed organization that supported the U.S. forces, I was very disappointed to have my case denied multiple times,” said plaintiff AAS. “It has been very painful. I have lost hope, and lost trust in the SIV process.”
“I missed many opportunities during the years I waited for my case to be approved, only to be disappointed with a denial,” said plaintiff BAS. “I have attempted many times to find out why my case was denied so that I could provide documents to demonstrate my experience and affiliation with the United States and the company where I worked—but no one will provide me with an explanation. Now that the Taliban has taken over the country, I feel like I’m not able to do anything for my safety or that of my family.”
Unfortunately, these are not isolated incidents—as a matter of policy, the State Department fails to provide the legally required explanation for denials, further slowing down the plaintiffs’ path to safety. The plaintiffs seek an order declaring their denial letters and the government’s policy unlawful, and are challenging the State Department’s refusal to produce documents related to COM denials as required by the Freedom of Information Act.
“Three years have passed since the United States military withdrew from Afghanistan, but the U.S. responsibility to the Afghan allies it left behind remains just as strong today,” said IRAP Staff Attorney Kimberly Grano. “The State Department must comply with Congress’ explicit command that the agency explain to each applicant why they were denied, so that they have a meaningful opportunity to challenge the denial. Without it, Afghan allies like our clients have no recourse to prove their eligibility for the visa they need to get to safety.”
ADDITIONAL RESOURCES:
- Read the complaint: HERE
- Read more about the case: HERE
- Read about IRAP’s class action lawsuit challenging SIV delays: HERE
The International Refugee Assistance Project (IRAP) is a global legal aid and advocacy organization working to create a world where refugees and all people seeking safety are empowered to claim their right to freedom of movement and a path to lasting refuge. Everyone should have a safe place to live and a safe way to get there.
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