Hundreds of Afghanistan natives who were evacuated to Hampton Roads after the fall of Kabul in 2021 are living in limbo after the United States Congress failed to include the Afghan Adjustment Act in the recent passage of the National Defense Authorization Act.
"Me and most of my friends, we worked with the United States, they helped the U.S. Army and the U.S. government back in Afghanistan," said Mumtaz Baheer, an Afghanistan native now living in Hampton Roads. "So we're very disappointed about this. The expectations were very high when we came to the United States."
Following the fall of Kabul in August of 2021, thousands of Afghans — most of whom, like Mumtaz, had supported the U.S. Armed Forces — were evacuated from their home country. Upon arrival in the United States, they were granted two years of humanitarian parole.
For many, that is set to expire at the end of August.
"We heard about many, many evacuation flights, kind of between Aug. 15 and Aug. 31 out of Afghanistan," explained Nicole Medved, an attorney fellow with the William & Mary Law School Immigration Clinic. "People were also being evacuated out of Afghanistan into the United States as early as late July 2021...but we're certainly now in the middle of the time when people's parole will begin to expire."
Recently, the Biden Administration opened the opportunity for Afghan nationals to reapply for their humanitarian parole.
But while Medved says the re-parole process has, thankfully, been streamlined by the Department of Homeland Security, a massive barrier still remains. Despite the application being free, the need for legal and language assistance makes the process expensive and difficult.
This leaves many Afghan natives reliant on pro bono work, which is oftentimes a struggle to find.
"All forms to the government must be submitted in English," she explained. "And all the official notices about the forms will be received only in English. And so one of the biggest barriers for people, while a lot of barriers have been taken down, one of the biggest barriers for people will still be language if they don't have an attorney who is able or other legal assistance, that is able to help them fill out this form."
Evacuees who have pending asylum or Special Immigrant Visa cases do not have to reapply for parole. But, without permanent status, they still experience travel, employment, and other restrictions.
"I know some of my friends, they want to do their master's degrees in the United States, but they don't have a green card," said Mumtaz.
Also, if there is a gap between the time someone's humanitarian parole expires and their re-parole application gets approved, they're left without legal status.
Medved says there is no timeline for when Afghans will hear back regarding their application.
"It's really scary," said Medved. "If there's a gap in lawful status, there is a gap in employment authorization...when there's a gap in employment authorization, that means that people aren't able to work, they aren't able to support their families, this time of year, they aren't able to go buy school supplies, all those sorts of things that are really, really important to a family."
Even if Hampton Roads' Afghan natives get approved for re-parole, that still leaves them in limbo. A renewal of their humanitarian parole is still only a temporary measure.
"Re-parole is great, but it is only temporary," explained Medved.
Yet, the Afghan Adjustment Act, which would provide citizens with a pathway to permanent citizenship, is still sitting in Congress.
Many had hoped the Afghan Adjustment Act would be included as an amendment in the Senate's recently passed National Defense Authorization Act (NDAA), but it was left out.
News 3 reached out to Virginia Senators Tim Kaine and Mark Warner about the Afghan Adjustment Act being left out of the NDAA, they both expressed their disappointment.
“Our Afghan allies were critical to supporting U.S. personnel. I was proud that Virginia played such a vital role during the 2021 evacuation mission, but we must continue to do more to help them and their families, including by passing the Afghan Adjustment Act.”
“In the wake of the Taliban’s takeover of Afghanistan, the U.S. military – and so many here in the U.S. – acted heroically in evacuating thousands of individuals. Virginia was first in line in this process. Through flight arrivals into Dulles Airport, medical care that localities provided, and housing and processing across the Commonwealth – including at three of our military installations – Virginia stepped up and provided critically needed support throughout much of this operation. As these Afghans seek to make a life for themselves here in the U.S., we must ensure that we are providing them with the support needed to do that. The efforts by the Biden Administration to launch a re-parole process for Afghans are critically important, and the government must work to process these renewals in an efficient and timely manner.”
The Afghan Adjustment Act does still exist in the form of a bill in both the House (H.R.4627) and Senate (S.2327). However, neither Kaine nor Warner are cosponsors of the bill.
Virginia Representative Abigail Spanberger is the only Virginia congresswoman listed as a cosponsor on the House's version of the bill.
Neither bill has seen much movement in recent months.
"Many people from the military, including generals, have come out in support of it because of its importance to our national security," added Medved.
Medved added that the passage of the act would alleviate anxieties for many living in Hampton Roads. It would also allow people like Mumtaz to continue contributing to the Hampton Roads economy and pursue greater ambitions.
"When I'm seeing Afghans who really need to have legal documents for staying in the United States, I've seen they're in very bad condition, I'm seeing them in trouble," said Mumtaz. "I want the congressman, the representatives from Virginia, to speed up this process and ask to approve the Afghan Adjustment Act. And by approving this act, 100% of the problem will be solved."
Those looking to make a monetary contribution can donate to Hampton Roads Refugee Relief or Commonwealth Catholic Charities; both organizations work with Afghan natives to connect them with legal assistance, housing, and more in Hampton Roads.
Those needed to reapply for humanitarian parole can find information in the following languages below:
The link to submit an application for the re-parole process can be found here.
