Fleeing Afghanistan: From Abandonment to Asylum
By Nicole Rees, 8/19/2022
Introduction to Asylum
Race, religion, nationality, membership to a particular social group or political opinion are the five categories in which a refugee's fear of past or future persecution must fall under to be eligible for asylum in the United States of America.[1] Following the Taliban take over of Afghanistan in spring of 2021, there are now over 55,000 Afghans fleeing their home country and seeking refuge into the United States. [2] In welcoming many thousands of refugees into the country, it is imperative to look at why these citizens felt that their life was in danger in their country. Using Afghanistan as a case study, this research paper will analyze what happens to a country when external support is revoked, how that results in instability and the flight of refugees from their home country, and what a refugee’s journey looks like as they seek asylum.
Background of U.S. presence in Afghanistan
In order to fully understand the recent crisis in Afghanistan, it is important to have background information about why the United States was at war with the Taliban. After the terrorist attack on September 11, 2001, the United States suspected that the Taliban knew of the whereabouts of Osama Bin Laden, the leader of Al-Qaeda, a terrorist group founded in Afghanistan, [3] as well as and the orchestrator of the attack on the World Trade Center. Because of this, the United States troops invaded Afghanistan in October of 2001 in hopes to overthrow Al-Qaeda. This was the beginning of what is now known as the War on Terror. As a result of the War on Terror, “the Taliban leadership quickly lost control of the country and relocated to southern Afghanistan and across the border to Pakistan. From there, they waged an insurgency against the Western-backed government in Kabul, Afghan national security forces, and international coalition troops.”[4] After many years of military deployment in Afghanistan, the US troops combat mission ended in 2014 and “the ANDSF (Afghan National Defense and Security Forces) was put in charge of Afghanistan’s security.” [5] This didn’t lead to an end of US occupation, just a significant reduction in troops. “[They] faced significant challenges in holding territory and defending population centers, while the Taliban continued to attack rural districts and carry out suicide attacks in major cities.”[6] The war stayed in stalemate for almost six years. In 2017 the US increased the number of troops and continued in combat missions as they targeted Taliban revenue sources with airstrikes against “drug labs and opium production sites.”[7]
Afghan Immigrant Population in the United States, 1980-2019 [8]
In 2020 a peace agreement was signed committing the US to slowly remove troops and within 14 months they would be completely withdrawn if the Taliban would pledge not to let terrorist groups control their territory, or negotiate with the Afgan government.[9] However, the hostility between the Taliban and the US continued, and the Taliban carried out “dozens of attacks on Afghan security forces [and US forces responded with] an airstrike against the Taliban.” [10] Throughout the entirety of this ongoing war, many Afghan citizens fled due to corruption, poverty and danger within the country.
In 2021, the Biden Administration completely withdrew US troops from Afghanistan by September 11 putting an “end [to] America's longest war.”[11] In August 2021, upon the withdrawal of US troops, chaos erupted. The Taliban took control of Kabul, the capital of Afghanistan, hours after their President had left the country. All citizens and allies of the United States evacuated, while thousands of Afghanistan citizens fled, plunging the country into turmoil.[12] A New York Times article describes Biden’s decision to withdraw from Afghanistan as an “extraordinary success”, and after a bombing in the Kabul airport, the President claims that if the troops had stayed, there would’ve been even more discordance and danger.[13] Biden explains that “the only alternative to the departure he oversaw was another escalation of the war.”[14]
Conflict and Consequences
In addition to the withdrawal of troops from Afghanistan, the United States was heavily involved in the dysfunction and failings that occurred in the months following the takeover. “One day after the Taliban seized control of Afghanistan, thousands of people who were desperate to flee the country rushed to the airport in Kabul.”[The New York Times - 15] On August 29, 2021, the day before the complete withdrawal of troops, the US launched a drone strike at a car headed towards Kabul airport thinking it was full of explosives to bomb the airport with refugees evacuating. Instead, the car carried non-governmental organization employees (NGOs), and “two weeks later, the US Defense Department admitted the strike had been a ‘tragic mistake,’ killing 10 civilians, including seven children.”[16]They continue by describing it as, “[a strike that] resulted in civilian deaths because the US dropped explosive weapons in densely populated areas. Amnesty International has previously documented similar impacts of explosive weapons in numerous other conflicts.”[17] Apart from this singular tragedy that occurred, there have been many more deaths caused by the US military and ANDSF when they launched weapons and killed civilians in hiding.[18] Many families of these victims are asking for reparations for the harm and loss they have all experienced, saying the people responsible for these deaths should be “[held accountable in] fair trials before ordinary civilian courts and without recourse to the death penalty.”[19] While many deaths during this takeover were caused by the Taliban, the United States also contributed to the casualties of many Afghan civilians.
Civilians prepare to board a plane during an evacuation at Hamid Karzai International Airport, Kabul, Afghanistan, Aug. 18. U.S. Marines are assisting the Department of State with an orderly drawdown of designated personnel in Afghanistan. (U.S. Marine Corps photo by Staff Sgt. Victor Mancilla)
The appearance of U.S. Department of Defense (DoD) visual information does not imply or constitute DoD endorsement.
Furthermore, the withdrawal of troops has not only caused destruction in the streets, but it also has caused a major food insecurity for the citizens that remain in Afghanistan. According to the UN News, there are nearly 20 million Afghans going hungry or suffering from food insecurity since the withdrawal of the US troops. [20] Even prior to the Taliban takeover, Afghanistan was ranked 99th out of 107 countries for food insecurity. [21] In an interview about the already existing food crisis in Afghanistan, the interviewee responded by saying that nearly five million Afghans have relied on emergency food assistance since 2014.[22] When asked about how the takeover would affect this crisis, they responded, “Taliban control will undoubtedly make a bad situation worse. The WFP estimates that 93% of Afghans were not getting enough food to eat at the beginning of September, up from 80 percent before the Taliban took over.” [23] In addition, there is minimal international aid, especially from the United States because “[of] reservations and uncertainty about whether to recognize the Taliban as the legitimate government of Afghanistan. Furthermore, long-standing sanctions on the Taliban by both the United States and the United Nations further complicate the provision of bilateral and multilateral economic, development, and even humanitarian assistance.”[24] Food prices have increased, and they believe that the inflation will continue to skyrocket the prices of food. Along with the already high food prices, and the economic crisis, it is making it harder for Afghans to buy food and other vital necessities.[25]
Along with all the other challenges citizens of Afghanistan are facing, there have been mass casualties of civilians. In 2018, civilian casualties were at a high of 10,993 civilian casualties, while just a year later it dropped to under 10,000 casualties. It stayed down in 2020, but within the first half of 2021 “[there was] a record high number of civilian casualties as the Taliban ramped up their military offensive amid the withdrawal of international troops.” [26] According to the Watson Institute of International and Public Affairs of Brown University, “As of April 2021, more than 71,000 Afghan and Pakistani civilians are estimated to have died as a direct result of the war,” [27] skyrocketing the number of deaths within 6 months.
Humanitarian Crisis
Afghanistan is experiencing a major humanitarian crisis, especially against women. With the fall of Kabul, the rights of women plummeted. Immediately after the Taliban took control, they started taking away the rights of women, and freedom to media, especially “the foremost achievements of the post-2001 reconstruction effort.” [28] Many female only schools were shut down and women with jobs in the government were prohibited from working. [29] They sought out the women that were in higher power positions in the Afghanistan government, and prohibited them the freedom of leaving their homes. They also fired women who taught any classes with men in them, saying “teaching males is no longer allowed.”[30] For the women who were still allowed to work, or eventually returned to their jobs, there is now even more gender segregation. As for the women who lived in shelters due to fleeing violence, those centers were shut down and some of these women were sent to female prisons. [31] “Afghan girls and women are set to lose the most from the Taliban takeover, given the restrictions placed on their participation in the society including the right to education and work. Such rights will be highly restricted even in the best scenarios.” [32] Women in Afghanistan have continued to be actively oppressed. They have lost their high ranked jobs, the right to have any sort of authority over men, and the right to leave their homes. Not only will gender segregation become stricter, but food insecurity will continue to become worse for women and their families, as globally, women experience 10% worse food insecurity than men. [33] Beyond losing so many freedoms, women and their children are still being physically targeted just as much as men by the Taliban. “The United Nations reported that Taliban forces were responsible for nearly 40 percent of civilian deaths and injuries in the first six months of 2021, although many incidents were unclaimed. Women and children comprised nearly half of all civilian casualties. Women are being especially targeted, just as many other civilians are also being threatened and harmed by the Taliban.
The biggest reason most Afghans are fleeing their country is because of the threats and physical harm that they have been experiencing from the Taliban forces. [34] In every aspect, all citizens of Afghanistan had reason to worry and flee. Many of them worked with the United States which made them immediate targets of the Taliban. Moreover, the terrorist groups “conducted door-to-door searches to identify people suspected of working for the former [Afghan] government. The fighters extrajudicially executed at least six civilian men within 24 hours, mainly by gunshots to the head, chest or heart.”[35] Many of these executions are considered war crimes, and witnesses said that none of the victims were participating in ANDSF during the time of their murder by the Taliban. Along with other social groups that differed from the Taliban ideology, they also targeted journalists and media outlets.[36] The Taliban essentially singled out each group that actively held different opinions than them, especially government officials and citizens that had worked with the United States. Because of this, thousands upon thousands of Afghan citizens fled to surrounding countries in hopes of finding refuge from the war going on in their own country.
Mass Migration
These attacks and war crimes against Afghan civilians, different social groups and government officials, has triggered a mass migration of refugees fleeing from Afghanistan. A large number of these refugees are fleeing to their neighboring countries. According to The Global Conflict Tracker, “a mass exodus of refugees, and a growing humanitarian crisis could have regional ramifications as neighboring countries respond. There have been over 20,000 refugees entering Pakistan, and even into Iran, “despite the barrier.”[37] In addition to the chaos erupted from US troop withdrawal, as well as general poverty and already existing violence, there are more than 6 million Afghans who have been forced from their homes. While 3.5 million have been displaced within Afghanistan, 2.6 million were displaced in surrounding countries seeking refuge.[38] The 2.6 million Afghan refugees displaced around the world are considered globally as the highest refugee population, anticipating it will increase as instability in their country continues.[39]
The United States is one of the countries that many Afghan refugees are fleeing to in order to seek asylum. According to the Migration Policy Institute, The United States was expecting over 50,000 Afghan refugees to come to the country, as the airlift from Afghanistan had been one of the “largests airlifts in U.S. history”[40] Around 34,000 refugees are staying at NATO bases in Europe and the Middle East. As of September 4, 2021, and close to 26,000 evacuated Afghans are staying at military bases inside the United States.[41] CBS News states that, “Since mid-August, more than 55,000 Afghans have been relocated to the U.S., according to the Department of Homeland Security … The department said it determined that at least 40% of evacuees are eligible for special immigrant visas (SIV) because they aided the U.S. war effort.”[42] As many refugees aided the United States Military, they are eligible for certain visas, while those ineligible must apply through a long process to be eligible for asylum.
Seeking Asylum
This past year, with the number of refugees seeking asylum, the US allowed them entrance into the country under a form of parole called humanitarian parole. “That means that while they are temporarily allowed to stay in the country, they are not guaranteed a path to legal permanent residence and eventual citizenship.” [43] In order to be granted asylum, the refugees must show that they were persecuted or would be persecuted if they were to return to their country of origin because of their race, religion, nationality, membership to a specific social group, or political opinion.[44] The image to the left is captioned, “An IRC employee talks to a woman who recently arrived in the U.S. from Afghanistan.” [45] In addition to declaring their persecution, “Applicants must submit evidence to corroborate their claims, including general evidence about conditions in their country and specific evidence about their individualized experiences or fear of persecution. For Afghans, this can mean providing concrete evidence that the Taliban know about their past ties to the United States or other foreign governments.”[46] This process can be tricky because of the large number of Afghans that fled, causing a blockage in the entire migration process. This blockage has increased the waiting period for refugees seeking asylum, and their parole only lasts for 2 years.[47]
Along with all the other challenges that these refugees are facing, many of them will not be successful in proving fear of persecution. In the rush of fleeing Afghanistan, many Afghans had to leave behind evidence to prove the danger of them returning.[48] “Given the dangers of the evacuation process and the need to pass through Taliban checkpoints, many Afghans destroyed or left behind documents linking them to foreign governments—the very evidence needed to qualify for status in the United States.”[49] Many Afghans were allies of the United States and have the chance to apply for an SIV, which would in return give them a chance to sponsor their other family members and help them get a green card.[50] However, along with evidence being destroyed, “Afghans who worked for the United States or its allies cannot complete the requirements for an SIV because the contracting company that hired them no longer exists, or they cannot locate their supervisor to request a recommendation.”[51] Additionally, in the evacuation, refugees may have had to work through the Taliban unknowingly or pay bribes in order to leave. Knowing or unknowingly aiding the Taliban can be reason enough for refugees to be denied asylum.[52] “Afghans who ever worked under a Taliban government, paid a bribe to the Taliban to get through a checkpoint, or who were forced to assist the Taliban in any way can be found ineligible for asylum or an SIV.”[53] In any circumstance, a person that has assisted a terrorist group can be barred from entering the country.[54]
It has been shown that being represented by a legal team is the most efficient way of securing lawful permanent residence.[55] “Applicants for asylum or SIVs fare much better when they have legal representation.”[56] However, for most Afghan refugees, they cannot afford to have a legal team representing them, as most “low-cost legal providers are already overwhelmed in serving migrants who recently arrived at the U.S.-Mexico border.”[57] With the blockage from the already existing migration population from Central America and now all the evacuees from Afghanistan, legal representation for many is not attainable.
In an attempt to ensure stability for the refugees, the US government was urged to pass The Afghan Adjustment Act. This Act would “[allow] certain Afghan evacuees to apply for permanent status after one year of being paroled into the country. It relieves the immediate burden on the SIV process … and prevents Afghans paroled in the U.S. from losing their jobs or being deported while their applications for these statuses are pending.”[58] It would also make it easier for families to be reunited, as many were left behind or lost in the transition during the chaos of trying to evacuate. This would provide security in their jobs, healthcare and decrease the fear of deportation as they try to gain lawful permanent residence,[59] thus creating a more stable place to reside as they await the government's decision. This act has not yet been passed, but many people are still advocating for it, claiming that it is crucial for Afghan seeking refuge as their status is pending.[60]
To Conclude:
The withdrawal of the American troops in Afghanistan, giving rise to the control of the Taliban in August 2021 has made for increased instability within the country, forcing thousands of their citizens to flee, many of them coming to the United States and enduring months of legal limbo as they await decisions to secure permanent residence. As the Taliban took control of Afghanistan, chaos and violence erupted everywhere. Thousands of civilians were killed at the hands of the terrorist group, turned government, with further deaths caused by mistakes of the United States. Most of these citizens were persecuted for their personal beliefs, political opinions, and US connection. As a result of those reasons, they had to flee their country, some leaving behind loved ones or losing them in the midst of the disorder. Most Afghans fled to neighboring countries, and 55,000 fled to the United States. With the amount of migration traffic, there is such a huge blockage and many will not receive the legal help they need to apply for lawful permanent residence. The United States government needs to take action in the part they played in the obstruction and what some would consider abandonment in the country of Afghanistan. After leaving behind the only life they have ever known, and setting forth on a dangerous journey leading them into a brand-new place that is completely unfamiliar to them, they came into a country under humanitarian parole with two years of assured residence and a glimpse of hope through the asylum process, yet nothing is guaranteed. In facing all of these unknowns, the US must recognize the adversity that the refugees have experienced, and the hardships that are to come pending the government's decision, and ultimately give all of their support to the refugees who risked their lives to help the United States.
About the Author: Nicole Rees
My name is Nicole Rees, and I am an incoming sophomore at Hope College. I am pursuing a degree in Spanish and Political Science with a desire to attend law school after graduating. I am very excited to be an intern at LIA to explore what a career in law will look like, grow my knowledge on immigration issues, and hopefully use what I learn to serve my community.
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[1] J.D. Ilona Bray, “Who Is Eligible for Asylum or Refugee Protection in the U.S.?,” www.alllaw.com (Nolo, November 4, 2021), https://www.alllaw.com/articles/nolo/us-immigration/who-eligible-asylum-refugee-protection.html.
[2]“Afghan Evacuees Face Uncertain Legal Status as They Prepare to Leave U.S. Bases,” CBS News (CBS Interactive, October 7, 2021), https://www.cbsnews.com/news/afghanistan-evacuees-legal-status-asylum-us-bases/.
[3]“Osama Bin Laden,” FBI (FBI, May 13, 2022), https://www.fbi.gov/history/famous-cases/osama-bin-laden.
[4] “War in Afghanistan | Global Conflict Tracker,” Council on Foreign Relations (Council on Foreign Relations, May 11, 2022), https://www.cfr.org/global-conflict-tracker/conflict/war-afghanistan.
[5] Ibid
[6]Ibid
[7] Ibid
[8] Jeanne Batalova Jeanne Batalova, “Afghan Immigrants in the United States,” migrationpolicy.org, September 9, 2021, https://www.migrationpolicy.org/article/afghan-immigrants-united-states.
[9] Ibid
[10] “Timeline: U.S. War in Afghanistan,” Council on Foreign Relations (Council on Foreign Relations, 2022), https://www.cfr.org/timeline/us-war-afghanistan.
[11] Ibid
[12] Ibid
[13] Michael D Shear and Jim Tankersley, “Biden Defends Afghan Pullout and Declares an End to Nation-Building,” The New York Times (The New York Times, August 31, 2021), https://www.nytimes.com/2021/08/31/us/politics/biden-defends-afghanistan-withdrawal.html.
[14] Ibid
[15] Carlotta Gall and Ruhullah Khapalwak, “Chaos Ensues at Kabul Airport as Americans Abandon Afghanistan,” The New York Times (The New York Times, August 16, 2021), https://www.nytimes.com/2021/08/16/world/asia/afghanistan-airport-evacuation-us-withdrawal.html.
[16] Hanna, Laurie. “Afghanistan: Government Collapse Marked by 'Repeated War Crimes and Relentless Bloodshed' – New Report.” Amnesty International, January 4, 2022. https://www.amnesty.org/en/latest/news/2021/12/afghanistan-government-collapse-marked-by-repeated-war-crimes-and-relentless-bloodshed-new-report/#:~:text=Taliban%20atrocities,government%20sympathizers%20in%20reprisal%20attacks
[17] Ibid
[18] Ibid
[19] Ibid
[20] “Afghanistan: Nearly 20 Million Going Hungry | | UN News.” United Nations. United Nations, May 9, 2022. https://news.un.org/en/story/2022/05/1117812#:~:text=Women%20move%20food%20from%20a,of%20Herat%2C%20Afghanistan%20in%202021.&text=Nearly%2020%20million%20people%20in,backed%20report%2C%20published%20on%20Monday.
[21] Lutz, Jamie, and Jacob Kurtzer. “What the Taliban Takeover Means for Food Security in Afghanistan.” What the Taliban Takeover Means for Food Security in Afghanistan | Center for Strategic and International Studies, June 1, 2022. https://www.csis.org/analysis/what-taliban-takeover-means-food-security-afghanistan.
[22]Ibid
[23]ibid
[24]Ibid
[25]ibid
[26] “War in Afghanistan | Global Conflict Tracker,” Council on Foreign Relations (Council on Foreign Relations, May 11, 2022), https://www.cfr.org/global-conflict-tracker/conflict/war-afghanistan.
[27] “Afghan Civilians.” The Costs of War, April 2021. https://watson.brown.edu/costsofwar/costs/human/civilians/afghan#:~:text=As%20of%20April%202021%2C%20more,direct%20result%20of%20the%20war.
[28] Kenneth Roth, “World Report 2022: Rights Trends in Afghanistan,” Human Rights Watch, January 13, 2022, https://www.hrw.org/world-report/2022/country-chapters/afghanistan.
[29]Ibid
[30]Ibid
[31]Ibid
[32] “After Decades of Instability, What Does the Future Hold for Afghan Migration?” World Economic Forum, September 28, 2021. https://www.weforum.org/agenda/2021/09/what-does-the-future-hold-for-afghan-migration/#:~:text=Recent%20reports%20indicate%20that%20approximately,to%20increase%20as%20displacement%20intensifies.
[33] Lutz, Jamie, and Jacob Kurtzer. “What the Taliban Takeover Means for Food Security in Afghanistan.” What the Taliban Takeover Means for Food Security in Afghanistan | Center for Strategic and International Studies, June 1, 2022. https://www.csis.org/analysis/what-taliban-takeover-means-food-security-afghanistan.
[34] “Afghanistan Refugee Crisis Explained,” How to Help Refugees - Aid, Relief and Donations, August 16, 2021, https://www.unrefugees.org/news/afghanistan-refugee-crisis-explained/#Why%20have%20people%20from%20Afghanistan%20by%20force%20to%20flee.
[35] Hanna, Laurie. “Afghanistan: Government Collapse Marked by 'Repeated War Crimes and Relentless Bloodshed' – New Report.” Amnesty International, January 4, 2022. https://www.amnesty.org/en/latest/news/2021/12/afghanistan-government-collapse-marked-by-repeated-war-crimes-and-relentless-bloodshed-new-report/#:~:text=Taliban%20atrocities,government%20sympathizers%20in%20reprisal%20attacks. war-crimes-and-relentless-bloodshed-new-report/#:~:text=Later%20the%20same%20day%2C%20the,the%20head%2C%20chest%20or%20heart.
[36]Kenneth Roth, “World Report 2022: Rights Trends in Afghanistan,” Human Rights Watch, January 13, 2022, https://www.hrw.org/world-report/2022/country-chapters/afghanistan.
[37] “After Decades of Instability, What Does the Future Hold for Afghan Migration?” World Economic Forum, September 28, 2021. https://www.weforum.org/agenda/2021/09/what-does-the-future-hold-for-afghan-migration/#:~:text=Recent%20reports%20indicate%20that%20approximately,to%20increase%20as%20displacement%20intensifies.
[38] “Afghanistan Refugee Crisis Explained,” How to Help Refugees - Aid, Relief and Donations, August 16, 2021, https://www.unrefugees.org/news/afghanistan-refugee-crisis-explained/#Why%20have%20people%20from%20Afghanistan%20by%20force%20to%20flee.
[39] “After Decades of Instability, What Does the Future Hold for Afghan Migration?” World Economic Forum, September 28, 2021. https://www.weforum.org/agenda/2021/09/what-does-the-future-hold-for-afghan-migration/#:~:text=Recent%20reports%20indicate%20that%20approximately,to%20increase%20as%20displacement%20intensifies.
[40]Jeanne Batalova Jeanne Batalova, “Afghan Immigrants in the United States,” migrationpolicy.org, September 9, 2021, https://www.migrationpolicy.org/article/afghan-immigrants-united-states.
[41]Ibid
[42]Ibid
[43] Andrew Oberstadt, “What’s next for Afghans Who Fled to the United States? | the Stream,” International Rescue Committee, 2022, https://theglobalherald.com/news/whats-next-for-afghans-who-fled-to-the-united-states-the-stream/.
[44] Jeanne Batalova Jeanne Batalova, “Afghan Immigrants in the United States,” migrationpolicy.org, September 9, 2021, https://www.migrationpolicy.org/article/afghan-immigrants-united-states.
[45] Andrew Oberstadt, “What’s next for Afghans Who Fled to the United States? | the Stream,” International Rescue Committee, 2022, https://theglobalherald.com/news/whats-next-for-afghans-who-fled-to-the-united-states-the-stream/.
[46]Ibid
[47] Andrew Oberstadt, “What’s next for Afghans Who Fled to the United States? | the Stream,” International Rescue Committee, 2022, https://theglobalherald.com/news/whats-next-for-afghans-who-fled-to-the-united-states-the-stream/.
[48] Jeanne Batalova Jeanne Batalova, “Afghan Immigrants in the United States,” migrationpolicy.org, September 9, 2021, https://www.migrationpolicy.org/article/afghan-immigrants-united-states.
[49] Ibid
[50] Ibid
[51] Ibid
[52] Ibid
[53] Ibid
[54] Ibid
[55] Ibid
[56] Ibid
[57] Ibid
[58]“Factsheet: Afghan Adjustment Act (November 2021) - HIAS,” Factsheet: Afghan Adjustment Act, November 2021, https://www.hias.org/sites/default/files/factsheet_afghan_adjustment_act_november_2021.pdf.
[59] Andrew Oberstadt, “What’s next for Afghans Who Fled to the United States? | the Stream,” International Rescue Committee, 2022, https://theglobalherald.com/news/whats-next-for-afghans-who-fled-to-the-united-states-the-stream/.
[60]Factsheet: Afghan Adjustment Act (November 2021) - HIAS,” Factsheet: Afghan Adjustment Act, November 2021, https://www.hias.org/sites/default/files/factsheet_afghan_adjustment_act_november_2021.pdf.