“A bill to fulfill promises to Afghan allies.”
No CRS summary available for this bill.
This section establishes definitions for terms used in the Act, including (1) appropriate committees of Congress (i.e., 10 specified committees across the Senate and House of Representatives); (2) immigration laws (as defined in INA §101(a)(17) (8 U.S.C. 1101(a)(17))); (3) Secretary (i.e., Secretary of Homeland Security); (4) special immigrant status (i.e., status provided under the Afghan Allies Protection Act of 2009, section 1059 of the FY2006 NDAA, or new INA §101(a)(27)(N)); (5) specified application (i.e., a pending, documentarily complete application for special immigrant status or a U.S. Refugee Admissions Program case with Priority 1 or 2 referral); and (6) United States Refugee Admissions Program (i.e., the program to resettle refugees pursuant to specified INA authorities).
This section requires the Secretary of State to respond to congressional inquiries regarding the status of specified visa applications submitted by or on behalf of Afghan nationals, including information provided to the applicant, in accordance with INA §222(f) (8 U.S.C. 1202(f)). During the period without an operational U.S. embassy in Afghanistan, it further directs the Secretary to designate a Department of State office to (1) review specified applications by Afghan nationals residing in Afghanistan, including conducting required interviews; (2) issue visas or other travel documents to such nationals in accordance with immigration laws; (3) provide services normally offered by an embassy, to the greatest extent practicable; and (4) carry out other necessary functions.
This section establishes conditional permanent resident status—equivalent to that under INA §§216 and 216A (8 U.S.C. §§1186a, 1186b)—for eligible Afghan citizens, nationals, or habitual residents who are present in the United States, have not previously obtained permanent resident status, were inspected and admitted before enactment or paroled between July 30, 2021, and enactment (if not terminated and not via southwest land border), and are generally admissible (with waivers). The Secretary of Homeland Security may adjust such individuals' status to conditional permanent residence, backdating the record of admission to their initial entry/parole or July 30, 2021 (whichever later), following a refugee-level vetting assessment that excludes public charge grounds (INA §212(a)(4)) but permits humanitarian or family unity waivers for most other inadmissibility grounds (except security-related, certain criminal, illicit trafficking, and document fraud grounds under INA §212(a)(2)(C)-(E),(G)-(H) and (3)). Conditions may be removed no earlier than four years after entry/parole or July 1, 2027 (whichever earlier), or within 180 days thereafter to the extent practicable, unless the individual is inadmissibly on non-waivable grounds; such time counts fully toward naturalization eligibility as a lawful permanent resident.
This section defines an "Afghan ally" as certain Afghan citizens, nationals, or habitual residents who served in specified special operations, military, police, intelligence, justice sector, or support roles in the Afghanistan National Defense and Security Forces (or provided at least one year of service to such entities from December 22, 2001, to September 1, 2021, in support of the U.S. mission in Afghanistan). It designates Afghan allies as refugees of special humanitarian concern under INA §207 (8 U.S.C. 1157) eligible for the U.S. Refugee Admissions Program (USRAP)—which admits individuals facing persecution based on specified grounds—until the later of 10 years after enactment or a determination by the Secretary of Homeland Security (in consultation with the Secretaries of State and Defense) that such designation is no longer in the U.S. interest. The section further (1) waives the third-country presence requirement of INA §101(a)(42) (8 U.S.C. 1101(a)(42)) to enable, to the greatest extent possible, remote refugee processing for Afghan allies located in Afghanistan; and (2) directs the Secretary of Defense (in consultation with the Secretary of State) and heads of other relevant agencies, not later than 180 days after enactment, to establish application processes—including a secure online portal—for classification as an Afghan ally and referral to USRAP, with reviews based on service records, documentation, biometrics, and interagency data (thus facilitating prioritized admissions for at-risk U.S. partners).
This section authorizes the Secretary of Homeland Security (DHS), subject to safeguards, to accept fingerprint cards or biometrics for Immigration and Nationality Act benefits prepared by international or nongovernmental organizations (under agreement), DHS or Department of State employees or contractors, or agencies as defined in the Paperwork Reduction Act (44 U.S.C. 3502). It directs the Secretaries of State, DHS, and Defense, and other vetting agencies, to ensure sufficient staffing for vetting U.S. Refugee Admissions Program (USRAP) referrals (under INA §207) and special immigrant status applicants; and the Secretary of Health and Human Services to staff refugee resettlement assistance (under INA §1521 et seq.). This section authorizes remote USRAP processing capabilities, including secure digital file transfers, videoconferencing, remote interviews and reviews, signature waivers (except final applicant oath), and waivers of signatures for children under age 5. It requires the Secretary of State to report in monthly USRAP arrival reports (1) refugee admissions disaggregated by priorities and (2) Afghan allies admitted as refugees. This section establishes an Interagency Task Force on Afghan Ally Strategy, chaired by the Secretary of State with representatives from State, DHS, Defense, Health and Human Services, Justice, and the Office of the Director of National Intelligence. Not later than 180 days after enactment, the task force must submit to congressional committees a report (due 180 days after establishment) with (1) a strategy for resettling Afghan nationals who directly supported the U.S. mission in Afghanistan from October 1, 2001, to September 1, 2021; (2) a contingency plan for future U.S. emergency operations involving foreign nationals who worked directly with the U.S. government, Armed Forces, or intelligence agencies; and (3) data on pending Afghan applications disaggregated by location, type, and documentary completeness, plus estimates of eligible individuals.
This section establishes a new special immigrant visa (SIV) category under INA §101(a)(27)(N) for Afghan citizens or nationals who are parents, brothers, or sisters of U.S. Armed Forces members (as defined in 10 U.S.C. §101(a)) or veterans (as defined in 38 U.S.C. §101), authorizes up to 2,500 principal visas per fiscal year (with unused visas carrying over to the next year), caps total visas at 10,000, and sets the authority period from enactment until visas are exhausted. (As background, SIVs provide an immigration pathway to lawful permanent resident status for certain aliens facing persecution due to U.S. government affiliation; this new category extends eligibility to specified family members of servicemembers and veterans.) It further (1) revises quarterly reporting requirements under §602(b)(12) of the Afghan Allies Protection Act of 2009 to detail Afghan SIV processing improvements, refugee referrals and admissions (disaggregated by location and entity), interview and approval/denial numbers, average processing times, and pending cases; (2) prohibits fees for SIV applications under the Afghan Allies Protection Act, NDAA for FY2006 §1059, or the new INA subparagraph (N); (3) exempts Defense Department personnel limits for section implementation; (4) directs the Secretary of State to protect or remove eligible Afghan applicants if possible; and (5) makes admitted Afghans eligible for resettlement assistance and entitlement programs.
This section authorizes the Secretary of Homeland Security and the Secretary of State, for 10 years from enactment, to waive fees or surcharges or exempt Afghan nationals from such payments associated with DHS or State Department petitions, applications, or immigrant visas, respectively, under INA §201(b)(2)(A)(i) (exempting certain special immigrants, such as Afghan allies, from numerical caps) or §203(a) (family-sponsored preferences).
This section directs the Secretary of Homeland Security to submit quarterly reports beginning January 1, 2028, to the Senate and House Committees on the Judiciary that include, for the preceding quarter with respect to individuals granted conditional permanent resident status under section 4, (1) the number of such individuals disaggregated by those whose conditions have been removed; (2) the number determined ineligible for removal of conditions and the reasons therefor; and (3) the number for whom no determination has been made and the reasons therefor. The section further directs the Secretary, in consultation with the Attorney General, to submit annual reports to the appropriate committees of Congress that include, for the preceding year with respect to such individuals, (1) the number placed in removal proceedings under INA §240 (8 U.S.C. 1229a) charged with deportability under INA §237(a)(2) (8 U.S.C. 1227(a)(2)), disaggregated by each ground; (2) the number so charged under INA §237(a)(3) (8 U.S.C. 1227(a)(3)), disaggregated by each ground; (3) the number of final removal orders issued in such proceedings, disaggregated by ground; (4) the number of such proceedings pending, disaggregated by ground; and (5) a review of available removal options, including changes in feasibility.
This section provides a rule of construction stating that, except as expressly provided, nothing in the Act or its amendments modifies, expands, or limits any law or authority to process or admit refugees under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157)—which authorizes annual refugee admissions not to exceed 50,000 for FY1980-FY1982 or such number as determined by the President thereafter based on humanitarian concerns or national interest—or applicants for immigrant visas under the immigration laws.