The Act Adjustment Afghan (AAA), S.2327/H.R.4627, is a bipartisan bill that establishes an authorization for appropriations to ensure that eligible Afghan evacuees who were evacuated to the U.S. Following the fall of Kabul in August 2021 have received rigorous screening and vetting, while providing pathways to protection for those at risk and left behind outside the United States. The legislation expands on earlier iterations of the Act Adjustment Afghan, and it also expands provisions and reporting on to ensure a permanent path to status for tens of thousands of Afghan evacuees.
Senator Amy Klobuchar (D-Minnesota) collaborated with Senators Lindsey Graham (R-South Carolina), Chris Coons (D-Delaware), Jerry Moran (R-Kansas), Richard Blumenthal (D-Connecticut), Lisa Murkowski (R-Alaska), Jeanne Shaheen (D-New Hampshire), Roger Wicker (R-Mississippi), Thom Tillis (R-North Carolina), and Dick Durbin (D-Illinois) on July 13, 2023, to introduce the bill in the Senate.
On the same day, Representative Mariannette Miller-Meeks (R-Iowa) introduced an indistinguishable bill in the House. Original House cosponsors of the Afghan Adjustment Act include Representatives Earl Blumenauer (D-Oregon), Juan Ciscomani (R-Arizona), Jason Crow (D-Colorado), Brian K. Fitzpatrick (R-Pennsylvania), Jerrold Nadler (D-New York), Maria Salazar (R-Florida), Zoe Lofgren (D-California), David Schweikert (R-Arizona), Greg Stanton (D-Arizona), Michael Lawler (R-New York), Scott Peters (D-California), Jay Obernolte (R-California), Seth Moulton (D-Massachusetts), John Curtis (R-Utah), Abigail Spanberger (D-Virginia), Zachary Nunn (R-Iowa), Mikie Sherrill (D-New Jersey), Blake Moore (R-Utah), Ami Bera (D-California), Jenniffer Gonzalez-Colon (R-Puerto Rico), Pramila Jayapal (D-Washington), Nancy Mace (R-South Carolina), and Jeff Jackson (D-North Carolina).
Background
Throughout the nation, the displaced individuals were relocated to neighborhoods and initially transported to military installations for further health examination and handling. Over 76,000 of the displaced individuals were brought into the United States during the autumn of 2021. The displaced individuals were initially transported by air to other nations for thorough examination and screening. Through Operation Allies Welcome, more than 85,000 susceptible Afghans were evacuated following the withdrawal of U.S. Troops and the Taliban’s takeover of Afghanistan in August 2021.
In the United States, individuals on parole are compelled to reside in a state of legal uncertainty, unsure about their choices or what lies ahead. Conversely, parole grants only limited and temporary advantages and, unlike refugees and SIVs, does not provide a clearly defined route to permanent status. Rather, the majority of the 70,000 individuals (accounting for over 94% of the total) who have been resettled in the U.S. Thus far have undergone the process of humanitarian parole. However, due to the sluggish and overloaded nature of these procedures, they were not effective in the context of an emergency evacuation. Consequently, most of these evacuees would have likely been eligible for either refugee or Special Immigrant Visa (SIV) status.
Congress has repeatedly used humanitarian parole in previous cases, including after the Vietnam War, to provide a lawful path to permanent residence for evacuees, emergency evacuations, and previous troop withdrawals.
The lack of coordination among various involved agencies has hindered efforts to protect and evacuate backlogged refugee and SIV programs, but they continue their ongoing mission to work with and for the U.S., Particularly at the risk of many vulnerable Afghans who have been left behind in neighboring countries or Afghanistan. Thousands of Afghans, including many other vulnerable individuals, were evacuated through Operation Welcome Allies.
The Afghan evacuees, most of them, finally need the Afghan Adjustment Act to end this prolonged uncertainty. However, this process only grants temporary protection and does not provide a permanent pathway to status. Recently, the Biden administration authorized re-parole for Afghan evacuees on a case-by-case basis. The parole term, which is set to expire in 2023 for many Afghan evacuees, is two years.
To tackle these concerns, the Afghan Adaptation Act would:
1. Offer a pathway to enduring status for evacuees from Afghanistan.
2. Implement strict screening criteria and grounds for criminal ineligibility for individuals applying for permanent residency.
3. Enhance and enhance ongoing initiatives to safeguard Afghans remaining.
