Afghan Immigrants and Their Children in Virginia – Part 2 – the Afghan Adjustment Act

Courtesy of Virginia Department of Social Services

by James C. Sherlock

When I wrote Part 1 of this series, I promised further investigation into immigration of Afghan allies into Virginia.

The Virginia Department of Social Services (VDSS), a hero in this story, has been entirely forthcoming in answering my inquiries. I will recount in a follow-up post their work so far. But the federal government has much more to do.

As a retired Naval officer, I strongly support the bi-partisan Afghan Adjustment Act (the Act) sitting in committees in the House and Senate. We must do the right thing for allies who fought alongside us.

Neither the House nor the Senate acted upon the bill in 2022.

The VDSS Office of New Americans, funded by the federal government, is doing terrific work, but needs the help that the Act would bring.

VDSS is assisting 5,161 Afghan parolees.

Parole offers only limited, temporary benefits and — unlike refugees and Special Immigrant Visa (SIV) holders — parolees have no clear path to permanent status. Instead, those thousands of parolees live in Virginia uncertain about their options or their future in the United States.

There are 2,123 additional Afghans in the Commonwealth that already have SIV designation.

Only California and Texas host more Afghans who have fled their country since the American withdrawal.

Both SIVs and parolees who qualify as SIVs but await very limited numbers of authorized visas are welcome with our thanks for their service. They can be expected to make major contributions to Virginia.

We owe them the chance to do that. That is why the Act is so necessary.

The Act, as described in the summary of the identical bills before Congress:

This bill expands eligibility for special immigrant visas to certain Afghan nationals (and accompanying spouse and children) and addresses related issues.

The Department of Homeland Security may provide such visas to Afghan nationals who provided qualifying service as a member of the Afghan Air Force or other specified entities and meet eligibility requirements, such as passing a background check. Currently, special immigrant visas for Afghan nationals are generally only available to those who were employed by or on behalf of the U.S. government in Afghanistan.

Such visas shall also be available to an Afghan national who is a qualifying relative of a veteran or member of the U.S. Armed Forces.

The bill also modifies procedures for providing lawful permanent resident status to certain classes of Afghan nationals, such as by (1) providing a streamlined process with specified vetting requirements for certain individuals, including those who provided support to the U.S. government in Afghanistan; and (2) preserving the eligibility of certain battered spouses whose eligibility for such status stemmed from a marriage that has terminated.

Furthermore, the Department of State (1) must respond to inquiries from Members of Congress about specific applications from Afghan nationals seeking special immigrant or refugee status; and (2) establish an office in Afghanistan to perform certain tasks, such as issuing visas, if no U.S. embassies are operational in Afghanistan.

The President must establish a task force to develop and implement a strategy to assist Afghan nationals who qualify for admission to the United States.

That pretty much defines the right thing to do, both the expanded vetting and the issuance of visas to those who qualify.

Senate. Senate Bill S. 4787:

Sponsor: Sen. Klobuchar, Amy [D-MN]

Cosponsor / Date Cosponsored
Sen. Graham, Lindsey [R-SC]* 08/07/2022
Sen. Coons, Christopher A. [D-DE]* 08/07/2022
Sen. Blunt, Roy [R-MO]* 08/07/2022
Sen. Blumenthal, Richard [D-CT]* 08/07/2022
Sen. Murkowski, Lisa [R-AK]* 08/07/2022
Sen. Shaheen, Jeanne [D-NH] 12/13/2022
Sen. Moran, Jerry [R-KS] 12/13/2022
Sen. Wicker, Roger F. [R-MS] 12/14/2022
Sen. Leahy, Patrick J. [D-VT] 12/14/2022

The last four added co-sponsorship in a last-minute attempt to get the Act added to the Omnibus.

Co-sponsors include the most bi-partisan group imaginable. Getting the names of Senators Leahy, Blumenthal, Wicker and Moran on the same bill approaches the miracle of the loaves and fishes.

You will notice than neither of Virginia’s senators are on that list. You should, as I have just done, ask them their position on the bill.

The effort failed. The bill sits in the Judiciary Committee.

House of Representatives. Representative Earl Blumenauer (D-Oregon) introduced an identical bill in the House as H.R.8685. Original House cosponsors of the Afghan Adjustment Act include Representatives Peter Meijer (R-Michigan), Jason Crow (D-Colorado), Mariannette Miller-Meeks (R-Iowa), Jerrold Nadler (D-New York), Adam Kinzinger (R-Illinois), Zoe Lofgren (D- California), Fred Upton (R-Michigan), and Scott Peters (D-California).

Subsequent to introduction, many more House Democrats signed up as co-sponsors. The bill now has 145 co-sponsors. Six of them are Virginia Democrats.  One was Elaine Luria. Only one additional Republican has signed on.

No Virginia Republican has co-sponsored. If you live in the district of one of those Republicans, you can contact his or her office and ask their position on the bill. I will ask Representative-elect Jen Kiggins, (R) Virginia-2, when she gets into office. Kiggins is also a naval officer. I hope for her support.

That bill sits in House Judiciary.

Virginia’s congressional delegation, all of it, owes it to the Commonwealth to move the Afghan Adjustment Act to law.

Where do they live? Refugees have been resettled in the following localities: Albemarle, Alexandria, Arlington, Augusta, Charlottesville, Chesterfield, Fairfax, Fredericksburg, Greene County, Hampton City, Hanover, Henrico, Loudoun, Manassas City News, Norfolk, Petersburg, Prince William, Richmond City, Roanoke City, Roanoke County, Rockingham, Spotsylvania, Stafford, Staunton, Virginia Beach and Waynesboro City.

They are our neighbors.

Questions for each member:

  • Do you want the 5,161 Afghan parolees in Virginia to be subject to background checks or not?
  • Do you want Afghan allies, who fought by our side and are unable to return home, to find permanent shelter in this country or not?
  • Do you expect these refugees, among whom 57% of heads of households have college degrees, to become permanent burdens or permanent assets to the Commonwealth?
  • Do you want the parolees to be able to find gainful employment and pay taxes or remain on government assistance?

Bottom line. It is up to each member, as representative of his or her constituents, to answer those questions.

It is up to Virginia constituents, us, to ask them. Each member has a convenient query form on his/her official website.

That is how a republic works.