AILA Joins Litigation Partners to Fight for Afghan Nationals Left in Limbo

Boston, MA – Late yesterday, the American Immigration Lawyers Association (AILA) joined Christopher Dempsey of Dempsey Law, PLLC and Aleksandra Peryeva of Peryeva Immigration Law Firm, in filing a class action complaint in the case LaMarche v. Mayorkas focusing on the U.S. government’s arbitrary end to expediting humanitarian parole requests for Afghan nationals in Afghanistan and Pakistan. Plaintiffs claim that USCIS reduced this group’s priority resulting in a failure to adjudicate the applications of the those made most vulnerable by the U.S. withdrawal from Afghanistan. Plaintiffs ask the Court to require that all relevant applications be adjudicated within a reasonable time, under the procedures and standards in place on August 31, 2021.

AILA Benefits Immigration Litigation Attorney Jennifer Coberly laid out the reasons for filing, “By late October 2021, the U.S. government went from approving requests for humanitarian parole applications filed on behalf of Afghan nationals in Afghanistan or Pakistan, to deprioritizing this group, leaving them in limbo, and often in harm’s way, to this day. As of January 2, 2024, per the latest publicly available information, more than 42,000 Afghan humanitarian parole applications were currently pending adjudication before USCIS; we believe thousands are trapped in Afghanistan and Pakistan.”

Brian Green added, “We are not asking for the moon here, we are asking for fairness and justice. It is unclear why USCIS decided to prioritize adjudicating humanitarian parole applications for people located outside of Afghanistan and Pakistan, leaving those who are in the most danger at risk. I am proud to join this litigation team focused on achieving meaningful relief for the thousands of Afghan nationals we represent, as well as their families, friends, supporters, Veterans, volunteers, advocates, scholars, organizations, and allies.”

Sabrina Damast noted, “AILA is joining Christopher Dempsey in this litigation to help support this crucial effort to ‘unstick’ the protection Afghan nationals should have access to. There’s no good reason to have their cases stuck in limbo when other cases are being adjudicated quickly and efficiently. Congress has failed to pass protections for Afghan nationals; we urge the court to help them access the humanitarian parole they are eligible for in the meantime.”

Jesse Bless stated, “We all saw the coverage as the U.S. withdrew from Afghanistan, we know the harm and danger so many were subjected to. It is our government’s responsibility to live up to their word and process parole applications for those stuck in Afghanistan and Pakistan. Through this litigation, we will be working toward a just, though long-delayed, resolution for the thousands of Afghan nationals who have trusted that the U.S. government will get this right.”

“I am deeply grateful for AILA’s commitment to this important humanitarian cause,” remarked Christopher Dempsey. “I am also honored to work with such an incredible team of federal immigration litigators. Massachusetts immigration attorneys Dan Berger and Aleksandra Peryeva recruited me to serve as lead counsel in this effort; their vision and support have been integral to the continued drive to ensure that the Afghan humanitarian parole program is what it needs to be. As we mark three years since the withdrawal of United States military forces from Afghanistan, the timing of this positive development is meaningful. Afghans across the globe should know folks are still fighting for them and will not abandon them or efforts to right the wrong.”