The International Refugee Assistance Project (IRAP) announced that a U.S. federal court has directed the Trump administration to immediately restart the processing of Special Immigrant Visa (SIV) applications for Afghan allies and refugees.
kabul 24: Judge Tanya Chutkan of the U.S. District Court for the District of Columbia ruled that the indefinite suspension of SIV application processing violates congressional intent, existing statutes, and prior court orders. She emphasized that such a blanket and unlimited hold contravenes the Afghan Allies Protection Act and the commitments made to thousands of Afghans who risked their lives assisting U.S. forces during the military mission in Afghanistan.This ruling stems from a long-running class-action lawsuit filed by Afghan SIV applicants who have faced years of delays and uncertainty.
Many applicants remain in grave danger inside Afghanistan or in third countries. In her decision (issued in February 2026), Judge Chutkan declared that the prolonged and unjustified suspension of Chief of Mission (COM) approvals and overall case processing is unlawful.
She ordered the government to resume adjudication promptly and to follow a clear, time-bound schedule for reviewing and deciding on pending applications.
The court required the administration to submit periodic progress reports to ensure compliance and prevent recurrence of past delays. A follow-up hearing was scheduled to monitor implementation.
The judge stressed that Congress had established specific timelines—generally no more than nine months—for processing SIV applications, and indefinite holds undermine both the law and the moral obligation to protect those who served alongside American troops.Advocates and organizations supporting Afghan refugees hailed the decision as a significant victory for thousands of families left in limbo.
However, questions remain about how effectively the ruling will be implemented amid the administration’s broader restrictive immigration policies, including travel bans and visa issuance limitations affecting Afghan nationals.
This court order reinstates a critical humanitarian pathway created by Congress and reinforces the judiciary’s role in holding the executive branch accountable to its legal and ethical responsibilities toward Afghan partners.
