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NOTICE ON LITIGATION MATTER: Afghan and Iraqi Allies Under Serious Threat Because of Their Faithful Service to the United States, on Their Own and on Behalf of Others Similarly Situated, et al. v. Blinken, et al. No. 18-cv-01388-TSC (D.D.C.).
Plaintiffs (collectively a group of anonymous Afghan and Iraqi Special Immigration Visa (“SIV”) applicants) filed a class complaint against Defendants Antony J. Blinken, U.S. Department of Homeland Security, U.S. Department of State, et al., in the U.S. District Court for the District of Columbia, seeking declaratory and injunctive relief under the Administrative Procedure Act (“APA”) and Mandamus Act. Plaintiffs alleged that Defendants have unreasonably delayed the adjudication of SIV applications submitted by certain Iraqi and Afghan nationals under the Refugee Crisis in Iraq Act of 2007 (“RCIA”) and the Afghan Allies Protection Act of 2009 (“AAPA”). Defendants deny many of these allegations.
On September 20, 2019, the district court granted in part and denied in part Plaintiffs’ preliminary injunction motion, granted Plaintiffs’ motion for summary judgment, in part, and declared Defendants’ delays in the processing and adjudication of the SIV applications to be unreasonable under the APA in light of AAPA § 602(b)(4) and RCIA § 1242(c)(1). On February 5, 2020, the district court certified a class that consists of all people (1) who applied for an Afghan or Iraqi SIV by submitting an application for Chief of Mission (“COM”) approval and (2) whose applications have been awaiting government action for longer than nine months. On June 14, 2020, the district court adopted a Joint Adjudication Plan that establishes a performance standard for each of the steps in the SIV application process and requires the Government to submit quarterly performance reports to the court.
Class members covered by the Joint Adjudication Plan are all people who applied for an Afghan or Iraqi SIV pursuant to the AAPA, and RCIA, by submitting an application for COM approval, and whose applications have been awaiting government action for longer than 9 months, as of May 21, 2020, the date of the submission of the Joint Adjudication Plan. The following parameters are used to identify class members: individuals who—
(1) submitted COM applications to the National Visa Center (“NVC”) prior to August 21, 2019, and whose COM applications are pending, either on original review or on appeal, or approved;
(2) submitted COM applications to NVC prior to August 21, 2019 and whose COM applications were denied after January 22, 2020 [i.e., case received date is earlier than August 21, 2019 AND (not approved/denial date) is later than January 22, 2020], and are still within the statutorily allotted 120-day time period for appealing the denial;
(3) submitted I-360 petitions that are pending or were issued a notice of approval [i.e., (I-360 Filing Date) is earlier than May 21, 2020]; or
(4) are pre- or post- visa application interview [i.e., who received a letter informing them that NVC has received their approved SIV petition earlier than May 21, 2020], including those refused under INA section 221(g) for administrative processing.
The chart below contains a list of U.S. laws relevant to Special Immigrant Visas (SIVs) for eligible Afghan nationals who were employed by or on behalf of the U.S. government in Afghanistan. You can find more detailed information about each of these laws by going to the National Archives Office of the Federal Register website.
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Law: |
Information about the Law: |
1 |
Further Consolidated Appropriations Act, 2024, Section 7034(d)(9) of Pub. L. 118-47 |
This law, signed on March 23, 2024, amends the Afghan SIV program by adding 12,000 additional visas and extending the program through December 31, 2025. |
1 |
Consolidated Appropriations Act, 2023, Section 7034 of Pub. L. 117-328 |
This law, signed on December 29, 2022, amends the Afghan SIV program by adding 4,000 additional visas and extending the program through December 31, 2024. |
2 |
H.R. 3237, Emergency Supplemental Appropriations Act, 2021, Public Law 117-31 |
This law, signed on July 30, 2021, amends the Afghan SIV program by adding 8,000 additional visas and extending the program through December 31, 2023. Congress also amended the requirements for employment that would qualify a principal alien under this program, such that the required period of service is one year for all qualified applicants and removed the requirement for a principal alien under this program who was employed by ISAF or a successor mission to have performed “sensitive and trusted” activities for U.S. military personnel. The amendment also established that all steps of the SIV process, including the COM application process, must be completed within 9 months, with the exception of high-risk cases for which satisfaction of national security concerns requires additional time. The amendment also permitted written appeal of a COM denial more than 120 days after that denial at the discretion of the Secretary of State. The amendment also authorized the Secretary of State and the Secretary of Homeland Security to jointly issue a blanket one-year, extendable waiver of the medical exam requirement for Afghan SIVs prior to issuance of an immigrant visa or admission to the United States. Additionally, among other changes, the amendment provides for Afghan and Iraqi SIV eligibility for surviving spouses and children of Afghan and Iraqi principals who had submitted an applicant for COM approval prior to their death. |
3 |
Consolidated Appropriations Act, 2021, Section 7076 of Pub. L. 116-260 |
This law, signed on December 27, 2020, amends the Afghan SIV program by adding 4,000 additional visas and extending the program through December 31, 2022. |
4 |
National Defense Authorization Act for Fiscal Year 2021 (Div. A., Pub.L. 116-283), Section 1212(b) |
This legislation, which became law on January 1, 2021, extends one of the reporting requirements of this program to January 31, 2023. |
5 |
National Defense Authorization Act for FY 2020, Section 1219 of Pub. L. 116-92 |
This law, signed on December 20, 2019, amends the Afghan SIV program by adding 4,000 additional visas and extending the program through December 31, 2021. Congress also amended the requirements for the type of employment that would qualify a principal alien under this program. Among other things, the NDAA for FY 2020 removed a previous requirement for a principal alien who was employed by or on behalf of the United States Government in Afghanistan to have performed “sensitive and trusted activities” for the United States Government in Afghanistan. |
6 |
Consolidated Appropriations Act, 2019, Section 7076 of Pub. L. 116-6 |
This law, signed on February 15, 2019, amends the Afghan SIV program by adding 4,000 additional visas, conditioned on the development and implementation of a prioritization process for Afghan special immigrant visas and the submission of three reports to the appropriate congressional committees. |
7 |
John S. McCain National Defense Authorization Act for FY 2019, Section 1222 of Pub. L. 115-232 |
This law, signed on August 13, 2018, amends the Department of State’s reporting requirements and eliminated the requirement for a database of federal contractors in Afghanistan. |
8 |
National Defense Authorization Act for FY 2018, Section 1213 of Public Law 115-91. |
This law, signed on December 12, 2017, authorizes the issuance of 3,500 additional visas to Afghan principal applicants with no end date by which they must be issued. |
9 |
Consolidated Appropriations Act for FY 2017, Section 7083 of Public Law 115-31 |
This law, signed on May 5, 2017, authorizes the issuance of 2,500 additional visas to Afghan principal applicants with no end date by which they must be issued. |
10 |
National Defense Authorization Act for FY 2017, Section 1214 of Public Law 114-326 |
This law, signed on December 23, 2016, extends and amends the Afghan SIV Program. It authorizes the issuance of 1,500 additional visas to principal applicants with no end date by which they must be issued. It also extends the date by which applicants must apply for Chief of Mission approval from December 31, 2016, to December 31, 2020. It amends eligibility for Afghans employed by or on behalf of the U.S. government who submit an application for Chief of Mission approval on or after December 23, 2016 to applicants whose employment required them to serve as an interpreter or translator for personnel of the Department of State or USAID; to serve as an interpreter or translator for U.S. military personnel; or to perform sensitive and trusted activities for the U.S. government. |
11 |
National Defense Authorization Act for FY 2016, Section 1216 of Public Law 114-92 |
This law, signed on November 25, 2015, extends and amends the Afghan SIV Program. It authorizes the issuance of 3,000 additional visas to principal applicants with no end date by which they must be issued. It also extends the date by which applicants must apply for Chief of Mission approval from December 31, 2015, to December 31, 2016, and increases the required length of service from one year to two years between October 7, 2001 and December 31, 2016. It expands SIV program eligibility to certain Afghans who were employed by a successor mission to the International Security Assistance Force (ISAF). |
12 |
National Defense Authorization Act for FY 2015, Section 1227 of Public Law 113-291 |
This law, signed on December 19, 2014, extended the Afghan SIV Program. It authorized the issuance of 4,000 visas to principal applicants by September 30, 2016. It also extended the date by which applicants must apply for Chief of Mission approval from December 31, 2014, to December 31, 2015, and expanded SIV program eligibility to certain Afghans who were employed by the International Security Assistance Force (ISAF). |
13 |
Emergency Afghan Allies Extension Act of 2014, Section 1 of Public Law 113-160 |
This law, signed on August 8, 2014, extended the Afghan SIV Program. It authorized the issuance of 1,000 visas to principal applicants by December 31, 2014. It also extended the date by which applicants must apply for Chief of Mission approval from September 30, 2014, to December 31, 2014. |
14 |
The Consolidated Appropriations Act, 2014, Section 7034(o) of Division K, Title VII of Public Law 113-76 |
This law, signed on January 17, 2014, extended the Afghan SIV Program. It authorized the issuance of 3,000 visas to principal applicants in fiscal year (FY) 2014 and allowed that any unissued visas from FY 2014 be allocated to FY 2015. It also established that the employment period must have commenced on or after October 7, 2001, and been completed on or before December 31, 2014, and that applicants must apply for Chief of Mission approval no later than September 30, 2014. |
15 |
The National Defense Authorization Act for Fiscal Year 2014, Section 1219 of Division A, Title XII, Subtitle B of Public Law 113-66 |
This law included provisions for: consideration of a credible sworn statement depicting dangerous country conditions, together with official evidence of such country conditions from the U.S government, as a factor in a determination of whether an applicant has experienced or is experiencing an ongoing serious threat as a consequence of employment by the U.S. government; not more than one written appeal of a COM denial, within 120 days of receiving the denial letter; and representation during the application process, including at relevant interviews and examinations, by an attorney or other accredited representative. |
16 |
The Afghan Allies Protection Act of 2009, Section 602(b) of Division F, Title VI, of the Omnibus Appropriations Act, 2009, (Public Law 111-8) |
This law allowed up to 1,500 Afghan nationals who provided faithful and valuable service to the U.S. government, while employed by or on behalf of the U.S. government in Afghanistan after October 7, 2001, for not less than one year, and who have experienced or are experiencing an ongoing serious threat as a consequence of that employment, to receive special immigrant visas (SIVs) annually through FY 2013, with the allocation of any unused visas from FY 2013 to FY 2014. The period of qualifying employment was later extended under subsequent legislation. See law above. |
17 |
The Consolidated Appropriations Act, 2008 (Public Law 110-161 of December 26, 2007) |
This law initially made Afghan and Iraqi SIV holders eligible for the same resettlement assistance, entitlement programs, and other benefits as refugees admitted under the U.S. Refugee Admissions Program for up to six (6) months from their date of admission or date of adjustment if applying domestically. The period of eligibility was later extended under subsequent legislation. See law below. |
18 |
The Omnibus Appropriations Act, 2009 (Public Law 111-8 of March 10, 2009) |
This law extended the period of eligibility of Afghan SIV holders for resettlement assistance, entitlement programs, and other benefits to up to eight (8) months from their date of admission or date of adjustment if applying domestically. For Afghan SIV holders already in the United States to be eligible for uninterrupted benefits for an additional two (2) months beyond the original six months (6) allowed under previous law, you must have been admitted to the U.S. on or after September 10, 2008, or if applying domestically, have a date of adjustment of September 10, 2008, or later. |
