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S.A.M. v. State: Challenging inadequately explained Afghan SIV eligibility denials 

IRAP filed a case on behalf of itself and five Afghan nationals who were denied access to the Special Immigrant Visa (SIV) program without being given the explanation required by law.

Case background

The individual plaintiffs are five Afghan nationals who worked for companies supporting the U.S. government’s mission in Afghanistan. Fearing retaliation from the Taliban, these individuals applied to the Afghan Special Immigrant Visa (SIV) program to seek a pathway to safety in the United States. But the State Department denied their applications for Chief of Mission (COM) approval—the eligibility determination required to proceed with the SIV application process—and, to make matters worse, the agency failed to provide the legally required explanation of the basis for the denials. This lack of information has made it nearly impossible for the applicants to understand why they were deemed ineligible or effectively challenge the decisions. Because IRAP represents many SIV applicants who received similarly boilerplate COM denial letters, IRAP is joining the lawsuit to challenge the State Department’s blanket policy of refusing to adequately explain denials.

Impact

Plaintiffs argue that the State Department’s actions violate the Afghan Allies Protection Act and other laws, and seek a court order setting aside the plaintiffs’ unlawful denial letters requiring the State Department to provide the legally required explanations for COM denials. Plaintiffs also seek to require the State Department to disclose to COM applicants government records relating to their COM applications under the Freedom of Information Act.

Case status

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