Friday, November 4, 2022

Afghan Criminals Will Be Released Unto U.S., Former ICE Director Says; Afghan Evacuees in Limbo While Seeking Permanent Legal Status in the U.S.

Senior Airman Taylor Crul/U.S. Air Force via AP
Afghan criminals will be released into U.S., former ICE director says
Mohammad Tariq came to the U.S. as an Afghan evacuee. Now he is sitting in a Homeland Security Department detention facility while officials try to find out whether any other country is willing to take him off their hands.
Tariq pleaded guilty to fondling a 3-year-old girl at the camp in Virginia where U.S. officials brought him. The incident violated the terms of his “parole” and made him a priority for deportation by U.S. Immigration and Customs Enforcement.
Right now, ICE isn’t sending Afghans back to their home country. The chance that a third country will agree to take a sex abuser isn’t high, so Tariq will probably end up back on U.S. streets.
The same is true for Zabihullah Mohmand, who was charged with forcible sexual intercourse and was convicted of sexual assault, and Alif Jan Adil, who is serving a federal sentence for child pornography and abusive sexual contact with a juvenile.
ICE says it wants to deport both of them, but it’s not likely to happen, said Tom Homan, who spent decades at ICE and ran the agency under President Trump. He said the situation in Afghanistan and a Supreme Court decision dictate their fates.
“The bottom line is most of them are probably going to end up being released,” Mr. Homan told The Washington Times.
Under a 2001 Supreme Court ruling, ICE has a limit on the length of detention for immigrants.
What is known as the Zadvydas ruling said immigration detention is an administrative procedure meant to facilitate deportation. If the government has no firm prospect of deportation after six months and cannot show exceptional national security or public safety reasons, then the person should be freed.
Mr. Homan said even rape or child molestation cases usually don’t meet that standard.
ICE declined to elaborate on its plans for the Afghans. Instead, the agency pointed a reporter to Homeland Security’s general webpage for the Afghan airlift and welcome operation. --->READ MORE HERE
Kate Medley for The Wall Street Journal
Afghan Evacuees in Limbo While Seeking Permanent Legal Status in the US:
When Asrar boarded a plane with more than 400 other Afghans fleeing Kabul for America last year, the longtime intelligence officer said he felt something he hadn’t in a long time: safe.
But more than a year later, the former Afghan colonel who spent two decades hunting Taliban fighters before arriving in North Carolina, says he has seen that sense of safety replaced by uncertainty and dread.
Asrar and his family are among some 80,000 Afghans who were evacuated to the U.S. when the Taliban regained power, and many are still uncertain about whether they will be permitted to stay.
Even as they have started finding homes and jobs, they have been caught in legal purgatory as paths to a coveted visa or green card remain hazy. The Biden administration’s calls on Congress to provide all evacuated Afghans a path to citizenship—as the government had done after similar evacuations from Vietnam and Iraq—have so far gone unheeded.
Bipartisan legislation in Congress, sponsored by Sens. Amy Klobuchar (D., Minn.) and Lindsey Graham (R., S.C.) and based off the Biden administration’s proposal, would address the issue by providing evacuated Afghans a direct path to green cards pending additional security checks.
The bill, known as the Afghan Adjustment Act, is modeled on a similar law passed after the Vietnam War to provide a path to citizenship for the more than 100,000 refugees from southeast Asia the U.S. airlifted after the war. Similar laws also were passed for Cubans after the 1959 communist revolution and for Iraqi Kurds after the first Iraq war.
Military veterans along with refugee resettlement organizations have made passing the measure a priority, with veteran’s groups camping outside the Capitol in public protest. But the measure is pending in Congress, caught up in broader political fights over immigration. Some Republican senators also have objected to the mass grant of green cards because of their concerns about potentially inadequate vetting of the evacuees brought to the U.S. --->READ MORE HERE
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