News & Resources

Afghan and Iraqi Allies v. Pompeo: Challenging systemic delays in deciding Special Immigrant Visa applications

In June 2018, we filed a class action challenge to systemic delays in deciding Special Immigrant Visa (SIV) applications of Afghans and Iraqis whose lives are at risk because of their work supporting U.S. efforts in their home countries.

The lawsuit challenges the government’s unreasonable delay in deciding these applications despite the congressionally mandated nine-month processing timeline. We filed this case because egregious system-wide delays continued after a prior lawsuit.

The court ruled that we may represent all SIV applicants whose applications have been in government hands for longer than nine months and that the delays– as many as four years for an average applicant–are egregious and unlawful. These rulings led to a court-approved adjudication plan in which the government committed to timeframes for promptly processing approximately 10,000 SIV applications and to report on its progress. Progress reports will be filed every January, April, July, and October, beginning October 2020.

Freshfields Bruckhaus Deringer US LLP is co-counsel in this litigation.

Case Status:
Open
View the Complaint View Summary of Government Data View the Summary Judgment Decision

Follow the Case

Nov 16, 2020

SIV Program Resources

The Special Immigrant Visa (SIV) program refers to a program created by Congress to allow

Legal Resource

Sep 23, 2019

Press Release: Court Finds Visa Delays Faced by Thousands of Afghans and Iraqis Who Assisted the United States Are Unlawful

FOR IMMEDIATE RELEASE  September 23, 2019 PRESS CONTACT Henrike Dessaules 516-838-1269 hdessaules@refugeerights.org

Press Release

Nov 28, 2011

“Is this the best we can do for those who aided us in Iraq?”

“I did it because I like my country and the Mahdi army was working for

Blog Post

  • In New Court Filing, Biden Administration Moves to Abandon Its Obligations to Afghan and Iraqi SIV Applicants 

    5/25/2022

    View Press Release +

  • Press Release: Following Court Victory for Iraqi and Afghan U.S. Allies, Government Submits Plan to Process Thousands of Delayed SIV Applicants

    5/22/2020

    View Press Release +

  • Press Release: Court Rules For Thousands of Afghan and Iraqi Special Immigrant Visa Applicants Waiting For Their Visas

    2/6/2020

    View Press Release +

  • Press Release: Court Finds Visa Delays Faced by Thousands of Afghans and Iraqis Who Assisted the United States Are Unlawful

    9/23/2019

    View Press Release +

  • IRAP Lawsuit Reveals Government Flouts Congress, Reports Inaccurate Processing Times in SIV Program

    6/12/2019

    View Press Release +

  • Court Allows Class Action Challenge to Delays in Special Immigrant Visa Program for Afghan and Iraqi Allies to Continue

    1/30/2019

    View Press Release +

  • Press Release: IRAP & Freshfields File Class Action Challenge to Egregious Processing Delays in Special Visa Program for Afghan and Iraqi Allies

    6/13/2018

    View Press Release +

Legal Resources

View All Resources
Legal Doc

SIV Program Resources

The Special Immigrant Visa (SIV) program refers to a program created by Congress to allow…
Legal Doc

IRAP Database of U.S. Government Contracts Provides Vital Tool For SIV Applicants

IRAP has searched and collated publicly available information from the government and filed FOIA requests to obtain contracts related to specific companies.
Legal Doc

Airport Arrivals

IRAP has created resources about arriving at U.S. airports because many international travelers have experienced prolonged screenings, discrimination, or attempted deportation.