The Afghan Adjustment Act: Frequently Asked Questions • L I B R A R Y

As Mormon Women for Ethical Government, one of our Principles of Ethical Government states that “people have moral responsibilities to provide succor and relief to [our] fellow human beings fleeing war, violence, persecution, and natural disasters, regardless of their race, nationality, or religion (see Leviticus 19:33-34, Matthew 25:31-40, and Alma 27:21-24).”

We invite our legislators to join our compassionate army of Americans, veterans, nonprofits, and businesses who are choosing to acknowledge the debt we owe to our Afghan allies by working tirelessly to welcome them with open arms. We call for a clear pathway to legal permanent residency and a right to work for our new neighbors with the Afghan Adjustment Act. This legislation will enable Afghan evacuees to rebuild their lives and immediately begin contributing to our society in meaningful ways, just as refugees have been doing in America since its inception.

What is the Afghan Adjustment Act?

The Afghan Adjustment Act:

Acknowledges the debt we owe the thousands of Afghans who risked their lives alongside our troops and other Americans working to stabilize the country, establish the rule of law, and protect human rights.
Provides a roadmap to legal permanent status and the right to work for Afghans who have entered and will enter the U.S. under humanitarian parole between July 1, 2021, and July 1, 2025.
Avoids adding to the existing backlog of asylum applications and puts our new Afghan neighbors on the same legal footing they would have enjoyed had they been admitted through the U.S. refugee resettlement program.
Includes the robust vetting processes we already have in place for refugees, including biographic and biometric screenings with intelligence, law enforcement, and counterterrorism professionals from multiple government agencies.

Why is it important for us to resettle Afghans?

Throughout the last 20 years, many Afghans supported the U.S. during the war in Afghanistan. Now we have an opportunity to not only show our appreciation, but to provide refuge to those who are fleeing the threat of retaliation for working with Americans or the Afghan government. This is particularly true of women and those who have fought for women’s rights and girls’ education, a specific target of the current Taliban regime.

More than 76,000 Afghans were evacuated to the U.S. or U.S. military bases worldwide, but many will only be authorized to remain in the U.S. for two years. Those arriving under humanitarian parole will need to seek asylum or other means to maintain legal status, thus overburdening the already-backlogged immigration courts. A clear pathway to permanent residency for Afghan parolees would help save government resources and allow us to fulfill our humanitarian and military obligation to our allies.

What is humanitarian parole? How does it differ from refugee and SIV statuses?

Upon the U.S. withdrawal from Afghanistan, many Afghan allies who could have qualified for the Special Immigrant Visa (SIV) program or Priority-2 (P2) refugee status could no longer do so. Both programs take years to apply for, and the P2 status requires applicants to escape on their own to a third country before applying. In addition, neither status applies to those most at risk, including Afghan women and girls, human rights workers, and journalists. With the emergency evacuation, Homeland Security Secretary Alejandro Mayorkas began authorizing the admission of Afghan evacuees under humanitarian parole who had not yet had time to apply for SIV or P2 status, or who might qualify for asylum.

USCIS explains that “parole allows an individual who may be inadmissible or otherwise ineligible for admission into the United States to be in the United States for a temporary period for urgent humanitarian reasons or significant public benefit.” Afghans admitted as parolees are only allowed to remain in the U.S. for two years. To avoid deportation after that time, they will need to apply for asylum, a designation with a backlog of 412,000 applications (as of last report September 30, 2021). By contrast, SIV status grants recipients legal permanent residency (green card) upon arrival; P2 refugees may apply for a green card after one year.

Further reading: Pathways to Protection for Afghans at Risk – National Immigration Forum

How many Afghans are coming to the U.S.? How many are coming to my state?

As of September 16, 2021, 46 state governors agreed to collectively resettle nearly 37,000 Afghan evacuees:

Alabama–10
Alaska–100
Arkansas–98
Arizona–1,610
California–5,255
Colorado–865
Connecticut–310
Delaware–30
Florida–1,030
Georgia–1,069
Idaho–420
Illinois–860
Indiana–490
Iowa–695
Kansas–490
Kentucky–850
Louisiana–59
Maine–100
Maryland–1,348
Massachusetts–900
Michigan–1,280
Minnesota–275
Mississippi–10

Missouri–1,200
Montana–75
Nebraska–775
Nevada–150
New Hampshire–100
New Jersey–535
New Mexico–299
New York–1,143
North Carolina–1,169
North Dakota–49
Ohio–855
Oklahoma–1,800
Oregon–180
Pennsylvania–995
Rhode Island–150
South Carolina–175
Tennessee–415
Texas–4,481
Utah–765
Vermont–100
Virginia–1,166
Washington–1,679
Wisconsin–399

Upon evacuation, many were initially transported to military bases outside the U.S. for biometric and security screening. Of those who have been transported to the U.S., most have been first placed at military bases for further screening and processing. The Biden administration expects to resettle a total of 95,000 Afghans by the end of 2022.

Are Afghans taking jobs from citizens? Are they a burden on the economy?

The U.S. is currently experiencing an unprecedented labor shortage. For the economy to continue its recovery, we must find workers. According to the National Immigration Forum, “Demographic aging is a long-term problem, and evidence suggests that a sustained increase in immigration levels can be part of an effective policy response.” From hospitals seeking nurses to factories looking for assembly line workers, Afghans coming to the U.S. can help fill those needs.

Various studies point out there is a return on investment when we welcome refugees into the U.S. Open Political Economy Network and the Tent Foundation argue that for every dollar invested in a refugee, the economic benefit doubles within five years. Professors from the University of Notre Dame found that refugee resettlement costs between 1990 to 2014 were around $15,000 per person. Using software developed by the National Bureau of Economic Research, they concluded that “refugees pay $21,000 more in taxes than they receive in benefits over their first 20 years in the U.S.”

How are communities finding housing and resources for our new Afghan neighbors?

Public and private sector groups are committed to addressing the challenges in securing housing for Afghan evacuees. The nonprofit coalition Welcome.US allocated $8.3 million to housing Afghan newcomers. Through the Office of Refugee Resettlement, $100 million is set aside to pay for both temporary and long-term housing. To help secure the units needed, the White House and Department of Homeland Security asked the National Apartment Association (NAA) for its support. The NAA has invited various states to participate and is working with large rental housing providers to find appropriate housing. While finding housing in a specific location can take time, companies like AirBnB have pledged to cover temporary housing costs for 20,000 Afghans.

Though humanitarian parolees receive fewer government-funded benefits than SIVs or refugees, Operation Allies Welcome has created the Sponsor Circle Program to enable private citizens and communities to fundraise for and welcome them with open arms. Nonprofits, private citizens, veterans, and local governments are enthusiastically rallying to welcome their new Afghan neighbors in Webster Groves, Missouri; Anchorage, Alaska; Arkansas; rural Iowa; Maine; and Louisiana. Utah Gov. Spencer Cox created the Afghan Community Fund, and Texas has resettled the second largest number in the U.S., despite limited resources. Veterans and other volunteers have participated in improvised coalitions such as “Digital Dunkirk” and AfghanEvac to help thousands of Afghan allies apply for visas, evacuate, and resettle.

What about security? Have the Afghan evacuees been properly vetted?

According to the Department of Homeland Security (DHS):

The screening and vetting process involves biometric and biographic screenings conducted by intelligence, law enforcement, and counterterrorism professionals from the Departments of Homeland Security and Defense, as well as the Federal Bureau of Investigation (FBI), National Counterterrorism Center (NCTC), and additional intelligence community partners prior to their arrival in the United States.

If someone fails these checks while they are still overseas, they will not be permitted to board a flight to the United States. Additionally, all Afghans are required to undergo the same process as other persons arriving from outside the US: namely, additional inspection upon arrival and a secondary inspection as the circumstances require. If, upon landing in the United States, further security vetting at the port of entry raises a concern about a person, CBP has the authority to not grant them entry into the United States.

According to a letter from national security leaders to U.S. governors countering misinformation and underscoring facts surrounding Afghan resettlement:

This rigorous vetting apparatus is keeping our communities safe despite the deeply flawed withdrawal process from Afghanistan. By providing a safe home for these allies, we are doing our humanitarian duty and bolstering our national security: Welcoming Afghan evacuees to the U.S. is a way for us to champion ideals of democracy and freedom and to demonstrate that we will always stand by the allies who are critical to our military and diplomatic efforts.

Florida representative and former Green Beret Mike Waltz noted that safely evacuating our Afghan allies is “not just a moral imperative, but a national security imperative.”

What else do Afghan humanitarian parolees need to be successful?

According to the Bush Presidential Center, “Over the next several months and years, policy and practice change is needed to ensure that our new Afghan neighbors learn, earn, belong, and contribute to the United States.”

Beyond monetary support, what our Afghan allies need most is a feeling that they are welcome here and can contribute to their new communities in meaningful ways. According to National Geographic, small-town American cities in Pennsylvania, Kentucky, and Georgia are welcoming Afghan refugees at a higher rate per capita than larger cities. Their new Afghan neighbors are “reversing population declines and replenishing shrinking labor pools.” Residents note that “[r]eligious traditions that encourage care for foreigners, as well as close-knit communities, have proved conducive to forming neighborly bonds.” Across the country, hundreds of resettlement agencies, grassroots organizations, and veteran groups are working tirelessly side by side to help newly arrived Afghans find homes, work, friendships, education, and the support they need to settle and contribute richly to our culture in the American way.

Is there precedent for such legislation?

In recent history, there have been several instances in which legislation was passed to allow parolees to adjust to permanent status:

The Cuban Adjustment Act of 1966 for those fleeing the Fidel Castro regime. This bill received strong bipartisan support going unchallenged in the Senate and a voting margin of 300-25 in the House.
Following the Vietnam War, the Indochina Migration and Refugee Assistance Act of 1975, its 1977 amendment, and the Indochinese Parole Adjustment Act of 2000. While there was a significant amount of opposition from the American public, President Gerald Ford (R) asked Americans to welcome Vietnamese refugees. Senators Jacob K. Javits (R-NY) and Claiborne Pell (D-RI) introduced a bill in the Senate to begin transporting and resettling refugees.
Following the Iraq War, the 1999 Omnibus Appropriations Act and the 2008 National Defense Authorization Act (NDAA). In 2007, Senator Edward Kennedy (D) introduced the Refugee Crisis in Iraq Act, along with 14 co-sponsors — eight Democrats, five Republicans, and one Independent. This piece was then incorporated into the NDAA and passed with a vote of 369-46 in the House and 91-3 in the Senate.

The U.S. House is currently considering the Afghan Allies Protection Act of 2021. The bill was introduced with 42 bipartisan sponsors and would provide for 4,000 additional Special Immigrant Visas for Afghan allies.

What groups are supporting it?

In September 2021, 32 veteran organizations and 178 local, state, and national organizations signed letters to Congress in support of Afghan resettlement and the Afghan Adjustment Act.

According to Evacuate Our Allies, the following have written the Biden administration separate letters in support of Afghan resettlement and the Afghan Adjustment Act:

Additional Reading

HIAS Factsheet
Evacuate Our Allies Factsheet
Operation Allies Welcome Congressional Report
Joe Biden’s Saigon – The Atlantic
Afghanistan: Taliban attempting to steadily erase women and girls from public life – UN Experts