FOR IMMEDIATE RELEASE
July 12, 2022
PRESS CONTACT
Spencer Tilger, media@refugeerights.org
VETERANS AND AFGHAN-AMERICAN GROUPS EXPRESS OUTRAGE AT U.S. GOVERNMENT ATTEMPT TO AVOID ACCOUNTABILITY FOR SIV DELAYS
IRAP litigation continues to challenge the government’s delays processing plaintiffs’ SIV applications
(New York, NY) – In court filings this month, Afghan-Americans and U.S. veterans expressed support for the plight of Afghan and Iraqi nationals who worked with the United States and outrage at the U.S. government’s ineptitude in administering the Special Immigrant Visa (SIV) program.
The Afghan-American Foundation (AAF), the Association of Wartime Allies (AWA), and Veterans for American Ideals (VFAI) filed briefs in Afghan & Iraqi Allies v. Blinken, a class action lawsuit brought on behalf of Afghan and Iraqi SIV applicants who have been waiting for decisions on their applications for longer than the Congressionally-mandated nine months. Although the Court ruled in 2019 and 2020 that the SIV processing delays were unlawful and granted plaintiffs relief, the government is now asking to be excused of its obligations to process applications quickly. Plaintiffs are represented by the International Refugee Assistance Project (IRAP) and Freshfields Bruckhaus Deringer US LLP.
Key recent updates in the case include:
- In May, the government filed a motion to be relieved of the Court’s orders, including its obligations to carry out a court-ordered plan to promptly adjudicate delayed applications. In the meantime, the plan has been stayed indefinitely, a decision IRAP has appealed.
- On June 24, plaintiffs filed a brief opposing the government’s motion. Plaintiffs also requested additional relief, pointing to the government’s failure to properly track SIV applications and its deficient reporting. The brief cites declarations from Afghan and Iraqi plaintiffs detailing the harms they have suffered as a result of the government’s delays.
- On July 1, AAF filed an amicus brief in support of the plaintiffs, emphasizing the need to address processing delays. The brief discusses the situation on the ground in Afghanistan and offers compelling first-hand accounts from individuals around the world whose lives have been upended by the delays.
- On July 11, AWA and VFAI also filed an amicus brief in support of plaintiffs. The brief highlights the voices of U.S. veterans and the mental, physical, emotional, and financial harms they have faced attempting to fulfill their commitments to their Afghan and Iraqi allies in the face of the failures of the U.S. government.
In his declaration, a plaintiff who remains stuck in Afghanistan says:
“When the U.S. evacuation efforts ended, my family and I were left behind in Afghanistan. My family and I were heartbroken and disappointed. Since the U.S. military withdrew from Afghanistan, life has become increasingly dangerous. The Taliban are going door-to-door searching for people who have worked with the Americans, and I have had to change my address several times. I am very afraid that the Taliban will kill me if they find me and identify me as someone who served the U.S. government. My family and I live in hiding, and I do not allow my children to go out of the house most of the time. It is very hard not to live in fear and uncertainty, not knowing whether my SIV application will be approved.”
In their amicus brief, AAF writes:
“The U.S. Government had a choice on how and when it departed from Afghanistan; SIV applicants did not… More than 300,000 Afghans have been affiliated with U.S. forces over the past 20 years, many being led to believe by the U.S. Government that America would honor its commitment to provide special immigrant status and facilitate their resettlement. Yet most Afghan SIV applicants have been forced to wait for years and in some cases nearly a decade for the processing of their applications and adjudication of their requests for safe passage. Removing the requirements of this Court’s prior orders would only serve to make this situation worse.”
In their amicus brief, AWA and VFAI write:
“As a result of the Government’s continued failure to properly administer the SIV program and egregious delays that caused countless applicants to be left behind and continue to cause harm, many Veterans who bravely served our Nation in combat operations are now tirelessly serving the mission and the precept of “no man left behind” here on the home-front, in mental agony, as they struggle to save those left behind in a race against time and hostile forces in pursuit. SIV applicants deserve better. Our Veterans deserve better.”
IRAP Senior Staff Attorney, Kathryn Austin, says:
“The U.S. government has yet to fulfill its moral, congressional, and court-ordered obligations to Afghan and Iraqi SIV applicants. Given the acute harm facing U.S.-affiliated Afghans and Iraqis and the government’s clear mismanagement of the SIV program, it is reprehensible that the government is now claiming that its egregious delays are consistent with the law and that it should no longer be required to decide our clients’ applications quickly.”
Additional Information
- Read about IRAP’s lawsuit, Afghan & Iraqi Allies v. Blinken: HERE
- Read about the U.S. government’s attempts to get out of their court-ordered obligation to U.S. Allies: HERE
- Read IRAP’s brief responding to the U.S. government’s motion: HERE
- Read AAF’s amicus brief: HERE
- Read AWA and VFAI’s amicus brief: HERE
The International Refugee Assistance Project (IRAP) develops and enforces a set of legal and human rights for refugees and displaced persons. Mobilizing direct legal aid, litigation, and systemic advocacy, IRAP serves the world’s most persecuted individuals and empowers the next generation of human rights leaders.
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