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Applicants for SIVs must first demonstrate that they provided at least 12 months of “faithful and valuable service” to the United States. Under the legislation, this is relatively straightforward — a US citizen supervisor (typically a service member or veteran) writes a letter attesting to the value, loyalty, and length of service of the applicant.In practice, the US Embassy in Kabul has employed varying and imprecise standards in evaluating the “faithful and valuable service” requirement, denying deserving applicants only to have to evaluate the applicant again when he or she re-applies. It’s actually the embassy that often requests applicants to re-apply if they are rejected because it has no kind of formal appeals process. Some of these internal standards have been improved after legislation, congressional inquiries, and media attention have laid them bare. But many inefficient and imprecise systems remain. It is currently our understanding that when SIV applicants’ personnel files have any negative information in them, applicants are automatically rejected. However, in many instances, such negative information — such as employment termination — when contextualized, is clearly not the product of unfaithful or invaluable service, and the applicant is not at fault, as numerous US citizens can vouch.
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The second SIV requirement is that the applicant has experienced or is experiencing a serious and ongoing threat as a result of his or her work for the US government. This also seems like a relatively simple principle to implement: The United States has thousands of pages of federal case law in the domestic asylum context that defines “credible threat” and “persecution.” And just as a basic intuitive matter, it seems clear that if someone is trying to kill you, you are probably under a serious threat.Unfortunately, this requirement has also proved oddly complicated for the US government to implement. For a period of time, the embassy in Kabul — which is staffed almost exclusively by foreign service officers who are not even permitted to leave the confines of the embassy and have no field experience — did not seem to believe that interpreters were in any kind of peril and that their claims about “serious threat” were exaggerated. We saw a rash of applications, including those of people who had been shot at and received numerous night letters who were denied approval because they were not under any “threat.”
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Thankfully, in the past year, the State Department’s approval rate for SIVs has increased dramatically. Between October 2013 and June 2014, 2,300 Afghan SIVs were issued to our allies. But as State’s SIV issuance rate has improved, the long waits that SIV applicants experience are due less to State’s determination of the merits of the applications, and more to the security-check process applicants must undergo before being issued their visas (also referred to as “administrative processing” or “background check”). Applicants continue to wait years in extremely unsafe conditions for their security checks to go through, even when State has already determined that they meet all of the requirements for their SIVs. This problem costs both money and human lives.
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Even though these Afghan interpreters served alongside us in the war, they are not considered veterans or “warfighters.” As a result, the Department of Defense has largely declined to be involved in the SIV program. They say they don’t have skin in the game.But for the servicemen and women who served with our Afghan allies, it is deeply personal. Many of the veterans we speak with say, “You know, Mohammed was essentially a part of our unit. And the rest of our unit was able to come back to the US — but not him.” There are so many Americans who served on the ground with these Afghans and feel deeply obligated to them, but that sense of obligation is not felt at the top. When many of our service members leave Afghanistan, they tell their interpreters, “I’m gonna do everything I can to get you to the United States.” They feel this is tantamount to a promise, and that it is a promise they can keep. It is made in good faith: “You saved my life, I’ll save yours.” But they are not aware of the labyrinthine bureaucracy they will face upon returning home and trying to navigate the actual visa process. From what we have seen, this can also contribute to post-traumatic stress among our veterans, who often feel that they left a member of their platoon — their interpreter — behind to die.It is challenging for us as their advocates as well.No other legal channel for getting to the United States requires a US citizen to vouch for what a person has done for this country, that they know them personally, and that they are not a security risk. It’s an astounding thing to ask of someone, and it’s a task that is not taken lightly.We talk to our Afghan allies every day and listen to their stories. Some have worked for the United States for nine or 10 years. You listen to everything they’ve done for us, everything they’ve gone through, everything their family has suffered. Maybe they’ve survived an IED; maybe they’ve been shot; a family member may have been attacked. Throughout the entire conversation, we are figuring out how we can help, running through the paperwork mentally, starting to feel optimistic about helping another Afghan family get to safety — and then we hear that they have failed a single polygraph test, and we know it’s an almost insurmountable obstacle to getting an SIV in the current system. They tell us, “I’ve done everything I can to help the Americans here, and I was told that I am eligible to apply for this program, and now they are telling me I can’t do it.”Here we are, a nonprofit organization with a network of nearly 1,000 legal representatives in total. We are lawyers and native English speakers; we have Internet access 24 hours a day, seven days a week. And sometimes we can help them, but sometimes we can’t. And we wonder: How do you do this if your English is not so good, if you have no Internet access, you’re in hiding, and someone is trying to kill you?IRAP has successfully resettled more than 2,500 refugees from throughout Afghanistan, Iraq, and the Middle East. We have successfully advocated for legislation benefiting more than 80,000 Iraqi and Afghan allies of the United States. We are enormously proud of all that we have accomplished in just a few years as an organization. But each time we hear that a client’s application has been denied because he checked the wrong box or took family leave on the wrong day, we can’t help but take it personally, because we do have skin in the game.The Future of the Program
There is good news. The State Department has owned up publicly to its past failings. “Bluntly stated,” wrote Secretary John Kerry in the Los Angeles Times in June 2014, “the process wasn't keeping up with the demand.” And State has implemented changes over the past year that prove it can process these visas at a healthy clip if it prioritizes the program and gets its house in order. Just a few weeks before the Iraqi analogue to this program was scheduled to expire in September 2013, the State Department and its partner agencies throughout the federal government were able to process almost the entire backlog of Iraqi SIVs. The lessons learned during that surge of processing carried over into the Afghan SIV program: In the past eight months alone, the State Department has given visas to twice as many Afghans as it had in the prior five years. We need to see this kind of effort continue.However, as of this writing, the Afghan SIV program is drastically insufficient — both in time and in scale — to address current and projected needs. About 2,500 SIVs are available for Afghans between now and September 30, 2015, and Afghans have to apply for these visas before September 30, 2014. However, an estimated 8,000 Afghans wait somewhere in the backlog — either those whose applications the State Department hasn’t looked at yet, or those who are still waiting for their background checks to go through. And this backlog is only likely to swell further as the American troop withdrawal proceeds. Moreover, the US government’s current plan is to keep American troops in Afghanistan through 2016, in which case the need for the SIV program will extend far past its current expiration date as the need for in-country support continues.Most pressingly, the State Department officially estimates that the current supply of allocated visas will expire in July 2014. In short: We desperately need more visas and more time.Congress has, over the past year, passed three extensions and expansions to Special Immigrant Visa programs for our wartime allies. The SIV may be one of the only true nonpartisan issues of the day. Yet public attention to this issue will wane as our war in Afghanistan recedes into memory. Without further legislation from Congress soon, the political moment to get this program right will pass too, and thousands of Afghan allies will be left to die.Follow Ben Anderson on Twitter: @BenJohnAnderson