The Lawfare Podcast

"The Potential for an Afghan Adjustment Act"

August 31, 2023 (Re-aired October 19, 2025)
Host: Bryce Clem | Guests: Shala Ghaffari (Human Rights First), Jennifer Quigley (Human Rights First)

Episode Overview

This episode centers on the legal and humanitarian challenges facing Afghan evacuees two years after the U.S. withdrawal from Afghanistan in 2021. The discussion focuses on the status of Afghan arrivals in the U.S., the complications of their immigration process, the ongoing advocacy for legislative solutions, and, most significantly, the potential and necessity of passing an Afghan Adjustment Act. The conversation includes legal and policy analysis as well as personal perspectives and stories from legal aid work.

Key Discussion Points & Insights

1. The Current Status of Afghan Evacuees in the U.S.

Speaker: Shala Ghaffari

• Many Afghans who arrived in the U.S. after the 2021 withdrawal remain in precarious legal situations.
• According to recent USCIS numbers:
  • 14,000 pending asylum applications
  • 12,400 pending green card applications (primarily via Special Immigrant Visas)
  • 19,000 evacuated Afghans have not applied for any immigration benefit
• Many are at risk of "falling through the cracks" due to language barriers, limited resources, or lack of legal counsel.
• The expiration of two-year parole statuses has led to job loss, loss of driver’s licenses, and general instability.

Notable Quote:
"There are still many thousands of individuals who are waiting for asylum decisions... We're sadly not very far from where we were when we last spoke."
— Shala Ghaffari (04:41)

Effects of Status Loss (12:50):

• Expired work authorization and driver’s licenses
• Difficulty finding housing and employment
  "Not only are folks now at risk of losing their jobs, they're at risk of losing their driver's licenses, at risk of the implication that that has when one needs to drive."
  — Shala Ghaffari (12:50)

2. Challenges of the Re-parole Program

Speaker: Shala Ghaffari

• Re-parole program launched in June 2023; window for applications was short and poorly timed.
• Many evacuees have been unable to file due to lack of support or confusion over requirements.
• The legal aid community has struggled to keep up with demand given the scope and urgency of the need.

Systemic Challenges (08:24–12:41):

• Afghan population's vulnerability exacerbated by literacy, language, and cultural barriers to U.S. bureaucracy.
• Ongoing drought, famine, and high birth and infant mortality rates compound these difficulties.
• U.S. government’s slow response and inefficient rollout of solutions criticized.

3. Risks for Those Still in Afghanistan or Transit Countries

Speaker: Shala Ghaffari

• Many Afghans who could not evacuate initially remain in hiding or have fled to neighboring countries like Pakistan, Iran, and Turkey.
• UNHCR has largely stopped processing Afghan refugees; cases in Pakistan are slow and subject to abuse and exploitation.
• Some evacuees have embarked on perilous journeys through South and Central America to seek asylum at the U.S. southern border, only to enter a severely backlogged immigration court system.

Notable Quote:
"We're hearing of really grotesque shakedowns by local Pakistani police... a lot of sort of abuse across the board."
— Shala Ghaffari (15:32)

4. The Afghan Adjustment Act: What Is It and Why Is It Needed?

Speaker: Jennifer Quigley

• The Afghan Adjustment Act would create a pathway to lawful permanent resident (LPR) status for Afghans evacuated to the U.S., bypassing the unstable patchwork of temporary statuses.
• Key provisions:
  • Adjustment to LPR for evacuees and certain others
  • Task force and procedural reforms for processing SIVs and refugee cases
  • Expanded eligibility for Afghans who were U.S. allies but not government employees (e.g., tactical platoons, judges, prosecutors)
• Competing version by Sen. Cotton would offer more limited, conditional LPR status and sought to restrict the president’s parole authority, making it more partisan.
• The bill's passage is blocked mainly by Senate committee politics, not lack of public or bipartisan support.

Notable Quote:
"This was about, like, the right thing to do. And that's been so helpful considering how long the journey is."
— Jennifer Quigley (43:54)

How It Would Help (33:15):

• Allows more time for legal aid outreach to disconnected evacuees
• Would stem onward dangerous migration and family separations
• Eases stabilization and integration for Afghans and their families in the U.S.

5. Congressional Advocacy and Political Obstacles

Speaker: Jennifer Quigley

• The Act failed to pass in the previous Congress due to an objection by Sen. Grassley, a vocal opponent of immigration measures, who blocked it from being added to the omnibus appropriations bill.
• With committee leadership shifting, there is renewed hope for passage if attached to a key bill, such as the National Defense Authorization Act (NDAA).
• Congressional advocacy continues to intensify, with growing bipartisan support prompted by pressure from employers, veterans, and local communities.

Notable Quote:
"Veterans groups are angry... We owe a debt to this population and why haven't we honored that?"
— Jennifer Quigley (39:22)

6. The Role of Legal and Advocacy Communities

Speakers: Shala Ghaffari & Jennifer Quigley

• Nonprofits and advocacy coalitions (e.g., Evacuate Our Allies, Human Rights First) have tirelessly worked to help evacuees, both through direct legal aid and policy advocacy.
• The Afghan evacuation and aftermath have united diverse organizations across the spectrum—faith groups, veterans, local communities, business interests—in a common cause.

Heartening Moment:
"It's been just really so uplifting and such a blessing to be able to witness [the legal community turnout]."
— Shala Ghaffari (41:54)

7. Public Turnout, Media Attention, and “Afghanistan Fatigue”

Speaker: Shala Ghaffari

• Public attention and media coverage has largely shifted away from Afghanistan post-withdrawal, particularly as other crises (like Ukraine) dominate the news.
• Many Americans may mistakenly believe Afghan needs have diminished, but the needs remain urgent.
• Congressional interest, however, has seen a resurgence as the real limitations of temporary immigration solutions become clear.

Notable Quote:
"I just think people have forgotten about Afghanistan again. And I think that's very sad for a country who's been forgotten about over and over again over the last five decades."
— Shala Ghaffari (37:38)

Notable Quotes (with Timestamps)

• “There are still many thousands of individuals who are waiting for asylum decisions... We're sadly not very far from where we were when we last spoke.”
  — Shala Ghaffari (04:41)

• “Not only are folks now at risk of losing their jobs, they're at risk of losing their driver's licenses, at risk of the implication that that has when one needs to drive.”
  — Shala Ghaffari (12:50)

• “We're hearing of really grotesque shakedowns by local Pakistani police... a lot of abuse across the board.”
  — Shala Ghaffari (15:32)

• “Veterans groups are angry... We owe a debt to this population and why haven't we honored that?”
  — Jennifer Quigley (39:22)

• “This was about, like, the right thing to do. And that's been so helpful considering how long the journey is.”
  — Jennifer Quigley (43:54)

• “I just think people have forgotten about Afghanistan again. And I think that's very sad for a country who's been forgotten about over and over again over the last five decades.”
  — Shala Ghaffari (37:38)

Action Steps & Resources (46:00)

• Advocacy:
  • Visit Evacuate Our Allies coalition to access materials, contact Congress, and support the Afghan Adjustment Act.
• Legal Aid:
  • Attorneys can volunteer with Human Rights First’s Project Afghan Legal Assistance at humanrightsfirst.org.

Memorable Moments

• Stories of individual legal practitioners going “above and beyond,” providing not just legal support for Afghans, but also basic necessities, computers, and continued follow-up on family reunification (41:54).
• The repeated theme: the U.S. owes a moral debt to Afghans allies and must prove its credibility through action, not just sentiment (39:22, 43:54).

Conclusion

The episode provides a comprehensive and compassionate look at the lingering crisis for Afghan evacuees in America, the limitations and frustrations of current immigration processes, and the critical need—for humanitarian, legal, and moral reasons—for decisive congressional action. Despite bureaucratic and political obstacles, advocates remain energized, drawing strength from a broad and bipartisan coalition determined to honor America's commitments.