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Since the passing of the Afghan Allies Protection Act in 2009, the law has provided a pathway to safety through the SIV program for Afghans who were employed on behalf of the U.S. government in Afghanistan, either directly or pursuant to a contract or subcontract with the U.S. government. Although Congress provided that applicants employed on behalf of the U.S. government qualify for an SIV, the State Department has devised an unlawful restriction to bar applicants employed by an Afghan state-owned entity or the Afghan government from the SIV program, despite their employment pursuant to a U.S. government contract. Consequently, it has issued mass denials of applications for Chief of Mission (COM) approval—the first step of the SIV process— in violation of the law as created by Congress, forcing Afghan allies to remain in danger.
Our clients
The plaintiffs are three Afghan nationals who were employed by the Afghan National Public Protection Force (NPPF) to provide critical security services on behalf of the U.S. government pursuant to a U.S. government contract. They did so at great personal risk to themselves and their families, but were each denied COM approval pursuant to the State Department’s unlawful policy.
Impact
This case challenges the U.S. government’s unlawful policy of denying COM approval to employees of the NPPF, and other employees of Afghan state-owned entities or the Afghan government, who performed work in support of the U.S. government, as well as the denials received by each of IRAP’s plaintiffs. As a result of this unlawful policy, at least dozens of Afghan Allies and their families remain stranded in dangerous conditions in Afghanistan or other countries where they have been forced to flee, without a pathway to safety through the SIV program.
Case status
- October 16, 2025: Case is filed in United States District Court for the District of Columbia (“Court” or “District Court”).