Disparate Treatment in Immigration | Joseph & Hall P.C.

On February 24, 2022, Russia invaded the nation of Ukraine, endangering the lives of a whole bunch of hundreds of Ukrainian residents. One week later, on March 3, 2022, Secretary Alejandro Mayorkas introduced Momentary Protected Standing (“TPS”) for all Ukrainians presently within the U.S., defending them from deportation again to Ukraine because the battle unfolds.[1] This fast response is how immigration processes ought to react to worldwide crises.

On August 15, 2021, after the U.S. initiated its withdrawal from Afghanistan, the nation’s capital of Kabul fell to the Taliban. Many Afghan residents who had supported the US throughout its 20-year occupancy had been all of the sudden at risk of being killed by the brand new Taliban authorities.[2]  Though the Taliban assured the remainder of the world that issues could be totally different this time round, they’ve already begun reversing course on points like permitting ladies to attend college.[3] Afghans had been vulnerable to famine and large-scale hunger beneath the brand new authorities, a problem which was narrowly prevented by way of humanitarian help however impending financial crises nonetheless loom within the nation’s near-future.[4] But regardless of the US’ direct involvement within the state of affairs, Afghanistan was not granted Momentary Protected Standing till March 16, 2022,[5] seven months after the autumn of Kabul.

Each Ukraine and Afghanistan represented humanitarian crises which ought to have earned fast immigration coverage adjustments. The U.S. granted TPS to the individuals of Ukraine after one week, whereas the individuals of Afghanistan needed to wait seven months. Whereas TPS is way from a great device for serving to individuals in want, because it solely applies to people who find themselves already within the U.S. on the time of issuance, it’s higher than nothing. And for months, nothing was supplied to a whole bunch of hundreds of Afghans fearing for his or her lives and freedoms beneath a brand new regime the U.S. all however handed the reins to.

It’s simple to invest about why the remedy of those two peoples differed, however the final conclusion is that it shouldn’t have. So usually the U.S. authorities affords the excuse that “these items take time.” However it’s clear from this case that when the U.S. needs to behave shortly, it could possibly. And we should always anticipate it to.