Fulfilling Promises to Afghan Allies Act
The Fulfilling Promises to Afghan Allies Act is a Senate bill that would create and streamline pathways for Afghans who supported the United States to obtain protection and permanent status in the United States. It combines two core tracks: (1) extending protection to Afghan allies who are already in the United States or can be admitted, through conditional permanent residence (a temporary form of permanent residence with conditions to be removed later), and (2) creating a refugee-admissions pathway for Afghan allies and a specific referral program to facilitate their entry. The bill also aims to improve processing efficiency, oversight, and interagency coordination, including establishing a task force and allowing remote/remote-like processing to reduce wait times. It envisions no upfront fees for the new status documents and emphasizes protections for family members and naturalization options after conditions are removed. In short, the bill seeks to honor commitments to Afghan partners by (a) granting conditional permanent residence to eligible Afghan allies in the U.S., (b) designating Afghan allies as refugees or facilitating their refugee referrals, and (c) boosting efficiency, vetting, and interagency coordination to support these flows, with ongoing oversight and guidance to implement the program.
Key Points
- 1Conditional Permanent Resident status for eligible Afghans in the U.S.:
- 2- Defines an “eligible individual” (Afghan citizen/national or last habitually resided in Afghanistan; present in the U.S; previously admitted or paroled by certain dates; admissible with possible waivers).
- 3- Allows the Secretary to adjust status to conditional permanent residence and establishes a date when such status becomes conditional (with conditions to be removed later).
- 4- Requires a rigorous assessment before granting conditional status, with possible waivers for humanitarian or family-unity reasons; removal of conditions within a defined period (not later than 4 years after admission or by July 1, 2027, whichever is earlier).
- 5- Treats conditional residents as eligible for many benefits and enables a path to naturalization after removal of conditions; provides for nonadversarial periodic meetings to help access benefits and answer eligibility questions.
- 6- Limits and waivers on grounds of inadmissibility, with special rules around waivers and naturalization, and prohibits charging initial status or employment-authorized document fees.
- 7Refugee processing and Afghan Ally Referral Program (Section 5):
- 8- Afghan allies can be designated as refugees of special humanitarian concern under current refugee law (section 207) for up to 10 years or until the designation is no longer in U.S. interest.
- 9- Remote refugee processing is encouraged to the greatest extent possible, including a secure online portal for Afghan ally applications and referrals from relevant agencies.
- 10- Establishes an Afghan Ally Referral Program where Defense and other agencies can classify individuals as Afghan allies and refer them to refugee processing, including a review of service records, corroborating documentation, and biometrics.
- 11- Provides a structured review process for approvals and denials, outlines appeals and potential reopenings, and prohibits fees for the referral process.
- 12- Allows eligible relatives (spouses/children) of Afghan allies to pursue immigrant status without being limited by visa-number controls.
- 13Government-wide efficiency, oversight, and processing improvements (Section 6):
- 14- Allows acceptance of biometric data (fingerprints, etc.) from international NGOs and other authorized sources to support security vetting, with safeguards.
- 15- Requires sufficient staffing for vetting and refugee processing, plus adequate support for refugees once admitted (especially by the Health and Human Services department).
- 16- Encourages remote processing and virtual interviewing to reduce wait times and improve efficiency.
- 17- Monthly reporting on refugee admissions, including Afghan allies, and the creation of an Interagency Task Force on Afghan Ally Strategy to develop and oversee the implementation of a national strategy and contingency plan.
- 18- Establishes timelines for delivering guidance and finalizing policy, and requires interagency coordination (State, DHS, DoD, HHS, DOJ, and intelligence offices) under the chairmanship of the Secretary of State.
- 19Definitions and scope:
- 20- Clear definitions for “Afghan ally,” “special immigrant status,” and other terms used throughout the bill, linking to existing immigration authorities and prior acts (e.g., Afghan Allies Protection Act, and related statutes).
- 21- Provisions to ensure that program implementation does not create barriers to other legitimate immigration benefits and includes protections for applicants, including representation and a consideration of national-interest determinations.