New Lawsuit: Children of Afghan Allies Should Be Eligible for SIVs
What is the Lawsuit About?
- Five Afghan nationals filed a lawsuit against the U.S. government.
- Represented by IRAP and Williams & Connolly LLP.
- Children aged out of eligibility in the SIV program due to processing delays.
What is the Child Status Protection Act?
- Created to prevent children from aging out of immigrant status.
- Children under 21 at the time of parent’s SIV application remain eligible.
- Not applied retroactively to the plaintiffs and other Afghan families.
Stories of Families Impacted
- An Afghan father’s son turned 21 during the SIV processing.
- H.K.’s SIV application rejected after his father was murdered by the Taliban.
What Does the Lawsuit Challenge?
- Determination that plaintiffs’ children are too old for SIVs.
- Violation of constitutional right to equal protection.
- Asks the government to reconsider children for SIV status.
“It’s outrageous that the government is forcing these families to remain in danger based on drawing arbitrary lines,” said IRAP Equal Justice Works Fellow Alexandra Zaretsky. “If our clients had applied for SIVs more recently, they would be able to bring their kids to safety.”
Source: refugeerights.org