Unvetted Afghans may receive a waiver of the terrorism grounds for removal rule per a recent Biden Continuing Resolution (CR). If passed, the temporary resolution would also fast-track paroled Afghans’ eligibility for driver’s licenses and access to welfare programs—privileges normally reserved for refugees.
Department of Homeland Security (DHS) Secretary Mayorkas has the power to grant a waiver for Afghans who may have killed a U.S. citizen in a terrorist attack. Per CIS’ Andrew resident fellow Andrew Arthur, Mayorkas has been “‘stretching’ the limited parole authority Congress gave him in section 212(d)(5)(A) of the Immigration and Nationality Act (INA) to allow tens of thousands of Afghans into the United States.”
Andrew Arthur was the acting chief of the former Immigration and Naturalization Service (INS) national security law division and the staff director for the National Security Subcommittee at the House Oversight and Government Reform Committee. He says in a Sept. 8 CIS paper that vetting aliens properly is exceedingly difficult to do well.
Using the example of the final 9/11 report, he says vetting is, at best, an “‘exclusionary’ system—it does not identify the “good guys”; at best, it can only hope to identify some of the bad ones. You will see that vetting failures and a lack of intelligence sharing among U.S. intelligence and law-enforcement agencies were largely to blame for the fact that the 19 hijackers (all of whom were foreign nationals on various nonimmigrant visas) were in the United States to begin with.”
Arthur also explains the potential access the evacuees will receive:
“Any Afghan national paroled into the United States who passes that exclusionary background check with the same resettlement funding as refugees (although they would not count under the refugee cap),