America First Legal (AFL) has released new documents concerning the Biden-Harris Administration’s withdrawal from Afghanistan. These documents, obtained through litigation against the Department of Justice (DOJ), reveal significant issues in the vetting process for Afghan refugees.
In early August 2021, the Department of State requested federal agencies to verify a list of Afghans who did not meet the minimum time-in-service requirements for a Special Immigrant Visa (SIV). These individuals were being considered for resettlement in the U.S. under the U.S. Refugee Admissions Program (USRAP). A DOJ Attaché at the U.S. Embassy in Kabul reportedly did not recognize any names on this list.
Despite guidance that USRAP applicants would need to travel to a third country independently, hundreds were evacuated from Afghanistan on U.S. Air Force cargo planes by mid-August 2021. The DOJ National Security Division still viewed "vetting" as an "interagency issue."
AFL also obtained a Department of State cable instructing posts to prioritize processing "civil society leaders" as refugee applicants. Civil society leaders include heads of non-governmental organizations, community groups, labor unions, and other entities likely to remain influential outside their home countries.
By August 31, 2021, the administration was still developing official responses regarding "Screening & Vetting." NBC News sought answers about potential terror connections but received no clear information from the DOJ.
The Department of Homeland Security Inspector General noted that some Afghans were flown into the United States without full vetting and reported instances where some have been charged with serious crimes such as rape.
The Biden-Harris Administration has faced criticism for its handling of Afghanistan's withdrawal and lack of transparency. This includes a threat of contempt for not complying with a congressional subpoena related to evacuation efforts. As of July 2024, the Department of State Inspector General could not confirm how many individuals were evacuated with U.S. government support in 2021.
Notably, operational control over access to Kabul airport was given to Taliban officials who received lists containing names of U.S citizens and Afghan allies intended for evacuation. A U.S official remarked: “Basically, they just put all those Afghans on a kill list.”
The administration claims it evacuated over 123,000 people from Afghanistan, including only 6,000 American citizens. AFL states it will continue pursuing legal action to expose what it describes as duplicity and disregard for national security by the Biden-Harris Administration.