The Biden Administration
implemented a terrorism exemption for Afghan refugees allowing hundreds
of low-level “civil servants” from the Taliban government to resettle
in the United States in the wake of the U.S. withdrawal and evacuation
from the country.
The Biden-led Department of Homeland Security and State Department announced
in June 2022 that it had put together new exemptions for purportedly
vetted applicants who would otherwise be blocked from the United States —
including some former Taliban government workers. The policy allowed
hundreds of Afghans to come to the U.S. when they would have previously
likely been barred due to terrorism-related inadmissibility grounds (TRIG). This reportedly allowed hundreds of former Taliban government workers to come to the U.S.
The exemptions
were for Afghans who had worked as “civil servants” under the Taliban
(both before 9/11 and after August 2021), as well as for Afghans who
“supported U.S. military interests” such as participation in resistance
movements against the Taliban or the Soviet Army and for Afghans “who
provided only certain limited material support to the Taliban or other
designated terrorist organizations.”
The Biden administration agencies said
that the “new exemptions may apply” to “individuals employed as civil
servants in Afghanistan at any time from September 27, 1996 to December
22, 2001 or after August 15, 2021.” These time periods covered both the
Taliban’s first stint ruling Afghanistan — when they protected al-Qaeda
before and after the terrorist attacks of 9/11 and were subsequently
overthrown following a U.S. invasion — and the Taliban’s current rule of
the country in the wake of the disastrous and chaotic U.S. evacuation
in August 2021.
The State Department and DHS added
that the exemptions “could include teachers, professors, postal
workers, doctors, and engineers, among others” who had worked for the
Taliban government, arguing that “some civil servants held these
positions prior to the Taliban announcing their so-called ‘interim
government’ and continued in their roles due to pressure, intimidation,
or other hardship. In other instances, individuals used their positions
to mitigate the repressive actions of the Taliban, often at great
personal risk.”
Connections to the Taliban not a disqualifying factor
The agencies said
the exemptions did not include Afghans “who held high-level positions,
worked for certain ministries, or directly assisted violent Taliban
activities or activities in which the individual’s civil service was
motivated by an allegiance to the Taliban” nor Afghan individuals “who
share the goals or ideology of the Taliban, provided preferential
treatment to them, or who intended to support the Taliban through their
activities.”
The State Department and DHS under the Trump administration
did not immediately respond to a request for comment on whether they
would maintain this TRIG exemption for former Taliban government
workers.
“President Trump’s State Department has paused visa
issuance for ALL individuals traveling on Afghan passports,” Secretary
of State Marco Rubio announced on X on Friday. “The United States has no higher priority than protecting our nation and our people.”
Just the News previously reported
that the Biden Administration’s chaotic evacuation from Kabul in August
2021 was marred by a lack of planning and significant security vetting
flaws for the tens of thousands of Afghans airlifted out of the country
amidst the Taliban takeover, according to multiple watchdog reviews and
witness testimony.
The U.S. brought out tens of thousands of Afghan refugees in August 2021 during the chaotic
non-combatant evacuation operation (NEO) out of Hamid Karzai
International Airport (HKIA). Inspectors for DHS and the Pentagon, as
well as State Department employees, have all detailed serious flaws with vetting the Afghans who were airlifted out of the capital city of Kabul amidst the Taliban takeover of the country.
Fox News reported
in January of this year that, according to a DHS report to Congress for
the fiscal year of 2024, “there were 6,848 TRIG exemptions” last year,
with the majority — 6,653 — being exemptions for refugees. The outlet
noted that this 2024 figure was much higher than years past, with 2,085
such waivers issued in the 2023 fiscal year, 603 such waivers issued in
2022, 191 waivers in 2021, and 361 in 2020.
The DHS document for 2024 reportedly
said that 29 waivers had been given to Afghan allies who had supported
U.S. interests in Afghanistan, while 374 were for “civil servants.” The
outlet added that “3,134 were for those who provided certain limited
support or insignificant material support to a Tier I or Tier II terror organization, under the 2022 exemption announced by DHS.”
Fox News said that “most of the remaining exemptions (2,946) were given under a 2007 exercise of authority for support given under duress.”
The outlet had first reported
in October 2021 that this exemptions policy was going to be
implemented, saying it had originally been considered in January 2017
during the Obama administration but hadn’t been put into action then.
Then-Secretary of State Antony Blinken and then-DHS
Secretary Alejandro Mayorkas released statements in June 2022 defending
the move.
Mayorkas said
that “doctors, teachers, engineers, and other Afghans, including those
who bravely and loyally supported U.S. forces on the ground in
Afghanistan at great risk to their safety, should not be denied
humanitarian protection and other immigration benefits due to their
inescapable proximity to war or their work as civil servants.” He argued
that “these exemptions will allow eligible individuals who pose no
national security or public safety risk to receive asylum, refugee
status, or other legal immigration status, demonstrating the United
States’ continued commitment to our Afghan allies and their family
members.”
"We remain committed to our Afghan allies and processing
Special Immigrant Visa applications as expeditiously as possible, while
always protecting our national security. We are working closely with our
interagency partners to do so, and today's announcement is an important
step forward in that endeavor,” Blinken said.
U.S. Citizenship and Immigration Services (USCIS) released
guidance memorandum in August 2022 which sought to justify the Taliban
civil servant exemption, arguing that “many individuals who worked in
civil service positions in Afghanistan prior to September 27, 1996,
continued to do so thereafter” and that “many did so under duress or
other situations of hardship. In other instances, individuals used their
positions in humanitarian capacities to mitigate the repressive actions
of the Taliban regime, often at great personal risk.”
“Some of these civil servants subsequently worked for, or
gave assistance to, the International Security Assistance Force, the
United States government, or the [Taliban-led] Afghan government that
was established after December 22, 2001,” USCIS said. “Some of these
individuals continued providing essential government services even after
the collapse of the Kabul government on August 15, 2021. This exemption
allows the use of discretion to address these and related issues in
individual adjudications, and to fulfill the United States’ humanitarian
obligations while ensuring the security and integrity of the U.S.
immigration system.”
USCIS said that “adjudicators” inside the U.S. government
“will review benefit or protection applications, supporting
documentation, testimony, and any other relevant information for
indications that an individual’s employment as a civil servant may have
occurred within the time frame and geographic area under the control of
the Taliban.”
A group of then Republican senators — including Rubio — sent an August 2022 letter to Blinken and Mayorkas raising questions about the exemptions' policy.
“We write because the American people deserve an
explanation regarding the broad, open-ended nature of this authority for
exempting individuals who would otherwise be barred from immigration to
the United States for supporting a terrorist organization,” the GOP
members of Congress said.
Rahmanullah Lakanwal, the Afghan national who has been charged
with shooting two members of the West Virginia National Guard last
week, was reportedly a member of the elite Afghan “Zero Unit” forces
backed by the CIA — with the U.S. spy agency apparently having struck a 2021 deal with these Afghan commandos to bring thousands of the fighters and their families to the United States.
A number of top Trump administration officials have argued that Lakanwal was not properly vetted, while anonymously sourced reports have said he did receive vetting before being brought to the United States.
Lakanwal, a former member of the National Strike Unit (NSU)
forces, which were tied to the CIA and to the former Afghan
government’s National Directorate of Security (NDS), reportedly assisted in securing HKIA during the NEO and arrived in the U.S. with his family in September 2021. The Taliban took over
in Afghanistan in August 2021 following then-President Joe Biden’s
April 2021 go-to-zero directive ordering the full withdrawal of U.S.
troops.
Years later, the Afghan fighter drove thousands of miles
from the West Coast of the U.S. and is accused of attacking two members
of the West Virginia National Guard the day before Thanksgiving last
week, killing one and critically wounding the other in what President
Donald Trump called "a monstrous, ambush-style attack just steps away from the White House."
Lakanwal has been arrested, and U.S. Attorney Jeanine Pirro charged him with first-degree murder. He has pleaded not guilty.