US Court Orders Resumption of Afghan Special Immigrant Visa Processing

In a decision that brings a measure of relief to thousands of displaced Afghans, a US federal judge has ordered the American government to resume processing Afghan Special Immigrant Visas (SIVs), ending a prolonged and legally contested suspension.

The ruling, issued by Judge Tanya Chutkan of a federal court in Washington, directs the US administration to immediately restart work on SIV applications filed by Afghan refugees who are still waiting to be relocated. The judge found that the indefinite halt in visa processing violates clear congressional mandates and contradicts earlier court decisions requiring the government to handle these cases within a reasonable timeframe.

Under the order, US authorities must now process Afghan SIV applications according to a defined schedule, even as broader travel restrictions on Afghan nationals remain in place. The court made it clear that administrative or political barriers cannot be used to indefinitely delay visas promised under US law.

Attorneys representing Afghan applicants welcomed the decision, saying it reaffirms the legal and moral responsibility of the United States toward Afghans who worked alongside US forces, diplomatic missions, and government-funded programs. Many of these individuals, they argued, have seen their cases stalled for years—far beyond deadlines set by law—despite facing serious security threats linked to their past cooperation.

The court also scheduled a follow-up hearing for February 24, requiring the administration to explain in detail how it plans to comply with the ruling and accelerate the long-delayed processing of visa cases.

Since the political transition in Afghanistan in 2021, tens of thousands of Afghans eligible for SIVs have fled to neighboring countries, hoping to eventually resettle in the United States. Instead, many have found themselves trapped in legal limbo living on temporary visas, struggling financially, and facing constant uncertainty about their safety and future.

For families who fear retaliation because of their work with US institutions or military missions, the court’s decision is being viewed as a crucial step forward. While it does not resolve every obstacle in the resettlement process, it restores a pathway that many believed had been quietly closed and renews hope for those still waiting for a decision that could determine their survival.

 

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