Legal Battle Ensues Over Afghan Children’s Immigration Eligibility Denied by U.S. Government

IRAP Files Lawsuit Challenging U.S. Government’s Determination

IRAP filed a lawsuit challenging the U.S. government’s determination, under the Child Status Protection Act (CSPA), that a group of Afghan children aged out of eligibility to immigrate to safety in the United States due to government delays.

What is the Case Background?

• Four Afghan parents and one child of an SIV applicant are the clients in this case.
• Congress mandates that the government complete all SIV processing steps within nine months, but delays often last years.
• Plaintiffs applied to the SIV program when their children were young, but due to delayed processing, the children aged out before receiving a decision.

Impact of CSPA

The Child Status Protection Act (CSPA) was designed to protect children from aging out of safety pathways due to processing delays. However, the U.S. government treats longer-pending applications differently, penalizing families in precarious circumstances.

Case Status

• June 27, 2024: Complaint filed.
• Williams & Connolly LLP serves as co-counsel in the case.

Case Status: Open

• View the Complaint