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Eli Kantor is a labor, employment and immigration law attorney. He has been practicing labor, employment and immigration law for more than 36 years. He has been featured in articles about labor, employment and immigration law in the L.A. Times, Business Week.com and Daily Variety. He is a regular columnist for the Daily Journal. Telephone (310)274-8216; eli@elikantorlaw.com. For more information, visit beverlyhillsimmigrationlaw.com and and beverlyhillsemploymentlaw.com

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Friday, June 21, 2024

Afghan evacuees in limbo: Humanitarian parole leaves 1,000s facing uncertainty in US

In 2021, the United States began one of its biggest humanitarian evacuations in history as it withdrew from Afghanistan, resettling more than 80,000 Afghans fleeing Taliban rule in the initial weeks of Operation Allies Welcome. However, they were brought into the U.S. through the humanitarian parole process that gives temporary immigration status to the displaced persons. But how has this temporary status affected Afghan evacuees in the U.S.? Upon arrival in the United States, more than 70,000 evacuees were granted humanitarian parole for two years, a temporary immigration status with no path to permanent residency. Uncertainty around the humanitarian parole status has had several concrete effects on aspects of the evacuees’ lives, including financial, employment, housing, and mental health. This process has come with many challenges for the resettled men, women and children from Afghanistan. Masi Siddiqi, who came to the United States after the Taliban took control over Kabul, was granted admission to the prestigious Columbia University in New York. However, his status hindered his ability to secure funding through loans to continue his studies. “I was admitted to Columbia University for the fall of 2023, and I did attend one semester. I thought that I may be able to afford it at first because I had my family’s support. But after doing one semester I found out that I was financially not able to do it because I did not qualify for Free Application for Federal Student Aid (FAFSA), for federal loans, for federal aid, grants, funds and for none of the benefits that a U.S. citizen or non-citizen would qualify for,” Masi said. FILE - Afghan residents play in an informal cricket match at Fort McCoy, Wisconsin, Sept. 29, 2021. FILE - Afghan residents play in an informal cricket match at Fort McCoy, Wisconsin, Sept. 29, 2021. Safiullah Rauf, founder of Human First Coalition, an organization providing aid primarily to Afghanistan and Afghans, leads a team of hundreds to provide food, medical care and resettlement services to more than 15,000 Afghans in need. The organization has helped evacuate more than 7,000 people, including 1,400 U.S. nationals, since the Taliban seized control of the country. Rauf is visiting communities in the United States to gather support for Congress to do more to support Afghans in the U.S., including in the form of draft legislation known as the Afghan Adjustment Act. “[The] Afghan Adjustment Act is one of the most important pieces of legislation that was introduced in 2022 to help those allies we brought to the U.S. in 2021,’’ Rauf told VOA. ‘’There are over 80,000 allies that were brought to the U.S., and many came with the humanitarian parole. They had a two-year visa to stay in the U.S. and their future was uncertain though the parole was extended for another year; but they still face an uncertain future. The Afghan Adjustment Act makes sure that all who came in 2021 go through a vetting process and after that they will become a productive member of the society. "In the United States, passing of any kind of legislation is a huge hurdle and you have to move mountains to approve any law, especially right now where [the] Senate and the House is most divided,’’ Rauf said. ‘’Because this bill is somewhat related to immigration, the Republicans are very much against any immigration bills right now. However, this bill is different than a normal immigration bill. This bill is for those allies who supported the U.S. for over 20 years in Afghanistan and their life will be in danger and it is a certain death if they go back to Afghanistan. So they must be given a permanent residency here.’’ According to the U.S. Citizenship and Immigration Services, or USCIS, legal assistance resources and immigration processing are experiencing extreme delays that could span years. FILE - An Afghan man is wrapped in a bear hug by his daughter as he picks up his children from school, in Alexandria, Virginia, April 7, 2022. The family was evacuated from Afghanistan and is trying to make a new life in the U.S., while in immigration limbo. FILE - An Afghan man is wrapped in a bear hug by his daughter as he picks up his children from school, in Alexandria, Virginia, April 7, 2022. The family was evacuated from Afghanistan and is trying to make a new life in the U.S., while in immigration limbo. Laila Mangal, who is working for LLS resettlement agency as a case manager and cultural liaison in the state of Virginia, told VOA Deewa about the challenges faced by the Afghans who came to the U.S. on short notice and in chaotic circumstances. She expressed that the unclear nature of evacuees’ immigration status for the near future, has posed a critical structural barrier to their well-being and, ultimately, their success in the U.S. “When their legal case is in the process and it takes longer, the refugees go through stress and pressure,’’ Mangal said. ‘’Sometimes this legal battle drains their mental health.” Masi, the student, calls on the Senate and the House of Representatives to pass the Afghan Adjustment Act so the displaced Afghans can be categorized as U.S. permanent residents. “As the U.S. officials say ‘we stand by our Afghan allies,’ we do expect them to stand by their allies because I personally believe that they have not yet stood by their Afghan allies,’’ Masi said. ‘’Not only with the ones that are left behind but also the ones that are currently facing the immigration limbo here in the U.S.; just like my family and myself. I really appreciate that the senators and the representatives from my state and from the other states should support the Afghan Adjustment Act. I think the social media slogans are not enough by themselves. They must push the majority leaders to bring the act to the floor because with bipartisan support, we can have the act pass.'' Like other resettled immigrants, Afghans were encouraged to find jobs quickly and felt the pressure to do so given the high costs of living, limited aid available, and, for some, the large families they’re supporting. Many found low-wage jobs in manufacturing, hospitality, retail, food processing, trucking, or ride sharing to support themselves and their families. But with the pending expiration of employment authorization documents this fall, employment stability is at risk for some. Stakeholders shared that because of the expiration date, some employers have begun notifying people they will lose their jobs later this year or that they are now no longer needed. For more information, visit us at https://www.beverlyhillsimmigrationlaw.com/.

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