The Special Immigrant Visa Program for Afghanistan

The war in Afghanistan is over. In this episode, we document how and why the Biden administration finally admitted defeat in our 20 year attempt to create a new government in Afghanistan and we take a hard look at the lessons we need to learn. Afghanistan is a country in a far away land, but there are disturbing similarities between the Afghanistan government that just collapsed and our own. We'd be wise not to ignore them. Executive Producer: Rachel Passer Executive Producer: Anonymous  Please Support Congressional Dish – Quick Links Contribute monthly or a lump sum via Support Congressional Dish via (donations per episode) Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank’s online bill pay function to mail contributions to: Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Background Sources Recommended Congressional Dish Episodes : January 6: The Capitol Riot : Minerals are the New Oil : The Afghanistan War : The Costs of For-Profit War How We Got Here Craig Whitlock. Simon and Schuster, 2021. Patrick Tucker. August 18, 2021. . Eugene Kiely and Robert Farley. August 17, 2021. . Eric Schmitt and Jennifer Steinhauer. July 30, 2021. . Craig Whitlock, Leslie Shapiro and Armand Emamdjomeh. December 9, 2019. . Mark Landler and James Risen. July 25, 2017. . John F. Harris. October 15, 2001. . The Evacuation: Those Left Behind William Mauldin. September 2, 2021. . Zolan Kanno-Youngs and Annie Karni. August 29, 2021. . Sami Sadat. August 25, 2021. . Marjorie Censer. August 18, 2021. . Siobhan Hughes. August 18, 2021. . Alex Sanz and Tammy Webber. August 18, 2021. . Seth Moulton. June 04, 2021. Contractors in Afghanistan Matt Taibbi. August 18, 2021. . Jack Detsch. August 16, 2021. . Matt Stoller. July 15, 2021. . Lynzy Billing. May 12, 2021. . Oren Liebermann. March 29, 2021. . Lucas Kunce and Elle Ekman. September 15, 2019. [Regulations.gov(https://en.wikipedia.org/wiki/Regulations.gov). Aaron Mehta. Oct 25, 2016. . Jared Serbu. August 22, 2016. . . Money: Lost and Gained David Moore. August 23, 2021. . Lee Fang. August 20, 2021. . Anna Massoglia and Julia Forrest. August 20, 2021. . Stephen Losey. April 16, 2021. . Eli Clifton. February 16, 2021. . Open Secrets. 2021. Open Secrets. 2021. Laws Sponsor: Senator Jim Inhofe (R-OK) Status: Became Public Law No: 116-92 on December 20, 2019 Sponsor: Rep. Rosa DeLauro (D-CT) Status: Signed into law, 2021 Law Outline GENERAL PROVISIONS EXTENSION AND MODIFICATION OF THE AFGHAN SPECIAL IMMIGRANT VISA PROGRAM Sec. 401: Amends the Afghan Allies Protection Act of 2009 to expand eligibility to include Afghans who worked not only for the US Government for more than 1 year but also our allies as an off-base interpreter or if they performed "activities for United States military stationed at International Security Assistance Force (or any successor name for such Force). Increases the number of Special Immigrant Visas (SIV) to Afghan partners by 8,000, for a total of 34,500 allocated since December 19, 2014. Sec. 402: Authorizes the Secretary of Homeland Security and Secretary of state to jointly waive for 1 year (maximum 2 years with an extension) the requirement that Afghan partners eligible for SIVs get a medical exam before they can receive their visa. The Secretary of Homeland Security has to create a process to make sure Afghan SIV holders get a medical exam within 30 days of entry into the United States. Sec. 403: Allows the surviving spouse or child or employee of the United States Government abroad to be eligible for immigration into the United States if the employee worked for our government for at least 15 years or was killed in the line of duty. It also expands entry permissions for Afghan SIV applicants in addition to those who have already been approved. This is retroactive to June 30, 2021. Policies for Visa Processing: U.S. Citizenship and Immigration Services. U.S Department of State -- Bureau of Consular Affairs. Audio Sources August 18, 2021 General Mark Milley: The time frame of rapid collapse that was widely estimated and ranged from weeks to months, and even years following our departure, there was nothing that I or anyone else saw that indicated a collapse of this army and this government in 11 days. Central Command submitted a variety of plans that were briefed and approved by the Joint Chiefs of Staff, the Secretary of Defense and the President. These plans were coordinated, synchronized and rehearsed to deal with these various scenarios. One of those contingencies is what we are executing right now. As I said before, there's plenty of time to do AARs(After Action Reviews) and key lessons learned and to delve into these questions with great detail. But right now is not that time. Right now, we have to focus on this mission, because we have soldiers at risk. And we also have American citizens and Afghans who supported us for 20 years also at risk. This is personal and we're going to get them out. July 8, 2021 Sound Clips 01:30 President Biden: When I announced our drawdown in April, I said we would be out by September, and we're on track to meet that target. Our military mission in Afghanistan will conclude on August 31. The drawdown is proceeding in a secure and orderly way, prioritizing the safety of our troops as they depart 3:40 President Biden: Together with our NATO allies and partners, we have trained and equipped nearly 300,000 current serving members of the military, the Afghan national security force, and many beyond that are no longer serving. Add to that hundreds of thousands more Afghan national defense and security forces trained over the last two decades. 04:04 President Biden: We provided our Afghan partners with all the tools, let me emphasize, all the tools -- training, equipment -- of any modern military. We provided advanced weaponry, and we're going to continue to provide funding and equipment and we'll ensure they have the capacity to maintain their Air Force. 5:54 President Biden: We're also going to continue to make sure that we take on Afghan nationals who worked side by side with US forces, including interpreters and translators. Since we're no longer going to have military there after this, we're not going to need them and they'll have no jobs. We're [sic] also going to be vital to our efforts. they've been very vital, and so their families are not exposed to danger as well. We've already dramatically accelerated the procedure time for Special Immigrant Visas to bring them to the United States. Since I was inaugurated on January 20, we've already approved 2,500 Special Immigrant Visas to come to the United States. Up to now, fewer than half have exercised the right to do that. Half have gotten on aircraft and come commercial flights and come and other half believe they want to stay, at least thus far. We're working closely with Congress to change the authorization legislation so that we can streamline the process of approving those visas. And those who have stood up for the operation to physically relocate 1000s of Afghans and their families before the US military mission concludes so that, if they choose, they can wait safely outside of Afghanistan, while their US visas are being processed. 8:13 President Biden: For those who have argued that we should stay just six more months, or just one more year, I asked them to consider the lessons of recent history. In 2011, the NATO allies and partners agreed that we would end our combat mission in 2014. In 2014, some argued one more year. So we kept fighting. We kept taking casualties. In 2015, the same, and on and on. Nearly 20 years of experience has shown us that the current security situation only confirms that just one more year of fighting in Afghanistan is not a solution, but a recipe for being there indefinitely. It's up to the Afghans to make the decision about the future of their country. Others are more direct. Their argument is that we should stay with the Afghans and Afghanistan indefinitely. In doing so they point to the fact that we we have not taken losses in this last year. So they claim that the cost of just maintaining the status quo is minimal. 9:19 President Biden: But that ignores the reality, and the facts that already presented on the ground in Afghanistan when I took office. The Taliban is at its strongest militarily since 2001. The number of US forces in Afghanistan had been reduced to a bare minimum. And the United States and the last administration made an agreement that they have to with the Taliban remove all our forces by May 1 of this year. That's what I inherited. That agreement was the reason the Taliban had ceased major attacks against US forces. 9:55 President Biden: If in April, I had instead announced that the United States was going to go back on that agreement, made by the last administration, the United States and allied forces will remain in Afghanistan for the foreseeable future, the Taliban would have again begun to target our forces. The status quo was not an option. Staying would have meant US troops taking casualties, American men and women back in the middle of a civil war, and we would run the risk of having to send more troops back in Afghanistan to defend our remaining troops. Once that agreement with the Taliban had been made, staying with a bare minimum force was no longer possible. 10:34 President Biden: So let me ask those who want us to stay: how many more? How many 1000s more Americans' daughters and sons are you willing to risk? How long would you have them stay? Already we have members of our military whose parents fought in Afghanistan 20 years ago. Would you send their children and their grandchildren as well? Would you send your own son or daughter? After 20 years, a trillion dollars spent training and equipping hundreds of 1000s of Afghan National Security and Defence Forces. 2,448 Americans killed, 20,722 more wounded, and untold 1000s coming home with unseen trauma to their mental health. I will not send another generation of Americans to war in Afghanistan with no reasonable expectation of achieving a different outcome. 11:51 President Biden: Today the terrorist threat has metastasized beyond Afghanistan. So, we are repositioning our resources and adapting our counterterrorism posture to meet the threats where they are now: significantly higher in South Asia, the Middle East and Africa. 12:07 President Biden: But make no mistake, our military and intelligence leaders are confident they have the capabilities to protect the homeland and our interests from any resurgent terrorist challenge emerging or emanating from Afghanistan. We're developing a counterterrorism over-the-horizon capability that will allow us to keep our eyes firmly fixed at any direct threat to the United States in the region and act quickly and decisively if needed. 12:38 President Biden: We also need to focus on shoring up America's core strengths to meet the strategic competition competition with China and other nations that is really going to determine our future. 14:58 Reporter: Is the Taliban takeover of Afghanistan now inevitable? President Biden: No. It is not. Because you have the Afghan troops, 300,000. Well equipped, as well equipped as any army in the world, and an air force against something like 75,000 Taliban. It is not inevitable. 15:45 President Biden: Do I trust the Taliban? No, but I trust the capacity of the Afghan military who is better trained, better equipped, and more competent in terms of conducting war. 18:07 Reporter: Your own intelligence community has assessed that the Afghan government will likely collapse President Biden: That is not true 18:53 President Biden: And I want to make clear what I made clear to Ghani, that we are not going to walk away and not sustain their ability to maintain that force. We are. We're going to also work to make sure we help them in terms of everything from food necessities and other things in the region. But there is not a conclusion that in fact, they cannot defeat the Taliban. I believe the only way there's going to be -- this is now Joe Biden, not the intelligence community -- the only way there's only going to be peace and secure in Afghanistan, is that they work out a modus vivendi with the Taliban, and they make a judgement as to how they can make peace. And the likelihood there's going to be one unified government in Afghanistan, controlling the whole country is highly unlikely. 21:30 Reporter: Mr. President, how serious was the corruption among the Afghanistan government to this mission failing there? President Biden: First of all, the mission hasn't failed yet. 22:00 President Biden: There were going to be negotiations between the Taliban and the Afghan national security forces, and the Afghan government that didn't come to fruition. So the question now is where do they go from here? The jury is still out, but the likelihood there's going to be the Taliban overrunning everything and owning the whole country is highly unlikely. 23:20 Reporter: Mr. President, "speed is safety," as you just said in your remarks. Are you satisfied with the timeline of relocating Afghan nationals? Is it happening quickly enough to your satisfaction if it may not happen until next month at the end? President Biden: It has already happened, there have already been people, about 1000 people have gotten on aircraft and come to the United States already on commercial aircraft. So as I said, there's over 2500 people, that as from January to now, have have gotten those visas and only half decided that they wanted to leave. The point is that I think the whole process has to be speeded up -- period -- in terms of being able to get these visas. Reporter: Why can't the US evacuate these Afghan translators to the United States to await their visa processing as some immigrants of the southern border have been allowed to? President Biden: Because the law doesn't allow that to happen. And that's why we're asking the Congress to consider changing the law. April 14, 2021 Sound Clips 00:38 President Biden: I'm speaking to you today from the Roosevelt -- the Treaty room in the White House -- the same spot where in October of 2001, President George W. Bush informed our nation that the United States military had begun strikes on terrorist training camps in Afghanistan. It was just weeks, just weeks after the terrorist attack on our nation that killed 2,977 innocent souls, that turned Lower Manhattan into a disaster area, destroyed parts of the Pentagon and made hallowed ground in a field in Shanksville, Pennsylvania, and sparked an American promise that we would never forget. We went to Afghanistan in 2001, to root out al Qaeda to prevent future terrorist attacks against the United States planned from Afghanistan. Our objective was clear, the cause was just, our NATO allies and partners rallied beside us. And I supported that military action along with the overwhelming majority of the members of Congress. More than seven years later, in 2008 weeks before we swore the oath of office -- President Obama and I were about to swear -- President Obama asked me to travel to Afghanistan and report back on the state of the war in Afghanistan. I flew to Afghanistan to the Kunar Valley, a rugged, mountainous region on the border of Pakistan. What I saw on that trip reinforced my conviction that only the Afghans have the right and responsibility to lead their country. And that more and endless American military force could not create or sustain a durable Afghan Government. I believed that our presence in Afghanistan should be focused on the reason we went in the first place: to ensure Afghanistan would not be used as a base from which to attack our homeland again. We did that, we accomplished that objective. I said, along with others, we would follow Osama bin Laden to the gates of hell if need be. That's exactly what we did. And we got him. It took us close to 10 years to put President Obama's commitment into form. And that's exactly what happened Osama bin Laden was gone. That was 10 years ago. Think about that. We delivered justice to Bin Laden a decade ago. And we've stayed in Afghanistan for a decade since. Since then, our reasons for remaining in Afghanistan have become increasingly unclear, even as the terrorist threat that we went to fight evolved. Over the past 20 years, the threat has become more dispersed, metastasizing around the globe. Al Shabaab in Somalia, Al Qaeda in the Arabian Peninsula, on Al Nusra in Syria, ISIS attempting to create a caliphate in Syria and Iraq and establishing affiliates in multiple countries in Africa and Asia. With the terror threat now in many places, keeping 1000s of troops grounded and concentrated in just one country at a cost of billions each year makes little sense to me and our leaders. We cannot continue the cycle of extending or expanding our military presence in Afghanistan, hoping to create ideal conditions for the withdraw and expecting a different result. I'm now the fourth United States President to preside over American troop presence in Afghanistan: two Republicans, two Democrats. I will not pass this responsibility on to a fifth. After consulting closely with our allies and partners, with our military leaders and intelligence personnel, with our diplomats and our development experts, with the Congress and the Vice President, as well as with Mr. Ghani and many others around the world. I concluded that it's time to end America's longest war. It's time for American troops to come home. 5:01 President Biden: When I came to office, I inherited a diplomatic agreement, duly negotiated between the government of the United States and the Taliban, that all US forces would be out of Afghanistan by May 1 2021, just three months after my inauguration. That's what we inherited. That commitment is perhaps not what I would have negotiated myself, but it was an agreement made by the United States government. And that means something. So in keeping with that agreement, and with our national interest, the United States will begin our final withdrawal beginning on May 1 of this year. 8:11 President Biden: You all know that less than 1% of Americans serve in our Armed Forces. The remaining 99%, we owe them. We owe them. They've never backed down from a single mission that we've asked of them. I've witnessed their bravery firsthand during my visits to Afghanistan. They've never wavered in their resolve. They paid a tremendous price on our behalf and they have the thanks of a grateful nation. March 10, 2021 Speaker: John Sopko - Special Inspector General for Afghanistan Reconstruction Sound Clips John Sopko: But right now, that state is under threat. In the wake of the February 2020 withdrawal agreement, all is not well. Compromise appears in short supply on either side. Taliban attacks have actually increased since the agreement was signed. Assassination of prominent officials, activists, journalists, aid workers and others have also increased, including an unsuccessful attack on one of the female members of the peace negotiating team. And the Taliban offensive on Kandahar city last October, as peace negotiations were ongoing, may well have succeeded, were it not for U.S. air support. Peace talks between the Afghan government and the Taliban have achieved little for Afghanistan so far, and only time will tell as to whether the new Biden administration initiative will bear fruit. And the Afghan people's fears for its own government survival are exacerbated by the knowledge of how dependent their country is on foreign military and financial support. John Sopko: Another equally serious threat to Afghanistan’s stability has also largely been ignored as we focus on the boots on the ground in Afghanistan. And that is the provision of last year's U.S.-Taliban agreement that stipulates that in addition to the departure of U.S. and coalition troops, or non-diplomatic civilian personnel: private security contractors, trainers, advisors, and supporting service personnel also must leave the country by May 1. Should this come to passSIGAR and many others believe this may be more devastating to the effectiveness of the Afghan security forces than the withdrawal of our remaining troops. Why is that? Because the Afghan government relies heavily on these foreign contractors and trainers to function. In the first quarter of fiscal year 2021 there are over 18,000 Defense Department contractors in Afghanistan, including 6000 Americans, and 7,000 3rd country nationals, 40% of whom are responsible for logistics, maintenance, or training tasks. Now, it is well known that the Afghan security forces need these contractors to maintain their equipment, manage supply chains, and train their military and police to operate the advanced equipment that we have purchased for them. For example, as of December, the Afghan National Army was completing just under 20% of its own maintenance work orders, well below the goal of 80% that was set and the 51% that they did in 2018. So that's actually going down. The Afghan National Police were just as bad if not worse, undertaking only 12% of their own maintenance work against a target of 35% and less than the 16% that we reported in our 2019 high risk list. Additionally, and more troubling. The Department of Defense does train, advise and assist command air, or commonly called TAC air recently reported that since late 2019, they have reduced their personnel in Afghanistan by 94%, and that the military drawdown now requires near total use of contract support to maintain the Afghan Air fleet. They assess that quote “further drawdown in the associated closure basis will effectively end all in country aviation training contracts in Afghanistan.” Again, why is this significant? Why do we view this as a high risk? Namely because contractors currently provide 100% of the maintenance for the Afghan Air Force, UAE 60 helicopters and CE 130 cargo aircraft and a significant portion of Afghans Light Combat Support aircraft. TAC air this January gave a bleak assessment, namely, that no Afghan airframe can be sustained as combat effective for more than a few months in the absence of contractor support. John Sopko: Continued funding for U.S. reconstruction programs aimed at promoting economic development, rule of law, respect for human rights, good governance and security for the Afghan people may be more significant, because it may be the primary lever left for the US and other donors to influence that country. It appears that even the Taliban understand Afghanistan's dire need for foreign assistance. Because, as one of the few commitments that the US had to make last year was, “to seek economic cooperation for reconstruction, with the new post settlement, Afghan Islamic government.” Now how much the donor community wishes to stay involved will of course depend on what that government looks like and how it behaves. Numerous officials, including then Secretary of State Pompeo and Ambassador Halley, have stated that the US will be able to advance its human rights goals, including the rights of women and girls with the Taliban by leveraging or conditioning this much needed financial assistance. But unfortunately, as SIGAR has long reported, even when conditionality involved only dealing with the Afghan government, donors do not have a stellar record of successfully utilizing that conditionality to influence Afghan behavior. John Sopko: Today our report suggests the donor community should realize the Afghan government is focused on a single goal, its survival. Afghanistan is more dependent on international support than ever before. It may not be an overstatement that if foreign assistance is withdrawn and peace negotiations fail, Taliban forces could be at the gates of Kabul in short order. February 19, 2021 Testimony was heard from the following Afghanistan Study Group officials: Kelly A. Ayotte, Co-Chair; General Joseph F. Dunford, Jr. (Retired), Co-Chair Nancy Lindborg, Co-Chair Former President and CEO of the US Institute for Peace Former Assistant Administrator for the bureau for democracy conflict and humanitarian assistance at USAID During the mid-Obama years. Sound Clips Rep. Stephen Lynch (MA): I'd also like to take a moment to thank the nonpartisan US Institute of Peace for the support and expertise they provided to the study group during the course of its work. Rep. Stephen Lynch (MA): In the fiscal year 2020 omnibus bill Congress led by Senator Graham Senator Patrick Leahy and the Senate Appropriations Subcommittee of state foreign ops and related programs. They tasked the independent and bipartisan Afghanistan study group to quote, consider the implications of a peace settlement or the failure to reach a settlement on US policy, resources and commitments in Afghanistan. After nearly nine months of review and consultation with current and former US and Afghan government officials, allies and partners and other key stakeholders, the Afghanistan study group issued its final report earlier this month. Kelly Ayotte: We recommend that US troops remain beyond may 1. We believe a precipitous withdrawal of US and international troops in May, would be catastrophic for Afghanistan, leading to civil war, and allow the reconstitution of terror groups which threaten the United States within an 18 to 36 month period. Kelly Ayotte: Let me be clear, although we recommend that our troops remain beyond may 1, we propose a new approach toward Afghanistan, which aligns our policies, practices and messaging across the United States government to support the Afghan peace process, rather than prosecute a war. Our troops would remain not to fight a forever war, but to guarantee the conditions for a successful peace process and to protect our national security interests to ensure that Afghanistan does not become a haven again, for terrorists who threaten the United States of America. General Joseph F. Dunford: Do we need to increase forces if the Taliban don't accept an extension past the first of May, and if they then would re initiate attacks against US forces? and Chairman, we heard exactly what you heard. In the fall. What we were told by commanders on the ground in the department of fence was that 4500 US forces, in addition to the NATO forces that are there was the minimum level to address both the mission as well as protection of our forces in the context of the conditions that existed in the fall in as you've highlighted, those conditions have only gotten worse since the fall so in in our judgment 2500 would not be adequate. Should the Taliban re initiate attacks against the United States January 28, 2020 Witness: John Sopko - Special Inspector General for Afghanistan Reconstruction (SIGAR) Sound Clips John Sopko: We've almost created a system that forces people in the government to give happy talk success stories because they're over there on very short rotations. They want to show success. The whole system is almost geared to give you, and it goes up the chain of command, all the way to the President sometimes. He gets bad information from people out in the field because somebody on a nine month rotation, he has to show success, and that goes up. John Sopko: Maybe incentivize honesty. And one of the proposals I gave at that time,be cause I was asked by the staff to come up with proposals, is put the same requirement on the government that we impose on publicly traded corporations. Publicly traded corporations have to tell the truth. Otherwise the SEC will indict the people involved. They have to report when there's a significant event. So put that onus, call it The Truth in Government Act if you want, that you in the administration are duty bound by statute to alert Congress to significant events that could directly negatively impact a program or process. So incentivize honesty. John Sopko: Over 70% of the Afghan budget comes from the United States and the donors. If that money ended, I have said before and I will stand by it, then the Afghan government will probably collapse. September 21, 2011 Witnesses: Charles Tiefer: Commissioner on the Commission on Wartime Contracting Clark Kent Ervin: Commissioner on the Commission on Wartime Contracting Sound Clips 1:11:30 Charles Tiefer: Our private security in Afghanistan appears to be a major source of payoffs to the Taliban. Our report has the first official statement that it’s the second-largest source of money for the Taliban. Sen. Carl Levin: After drugs. Charles Tiefer: After drugs, that’s right. 1:25:18 Clark Kent Ervin: It’s critical that the government have a choice, and that means that there needs to be at least a small and expandable, organic capacity on the part of these three agencies to perform missions themselves, so the next time there’s a contingency, the government has a choice between going with contractors and going in-house and the determination can be made whether it’s more effective to do it either way, whether it’s cheaper to do it either way. As we said at the inception, right now the government doesn’t have an option. Contractors are the default option because they’re the only option. October 7, 2001 President George W. Bush: Good afternoon. On my orders, the United States military has begun strikes against Al-Qaeda terrorist training camps and military installations of the Taliban regime in Afghanistan. These carefully targeted actions are designed to disrupt the use of Afghanistan as a terrorist base of operations and to attack the military capability of the Taliban regime. More than two weeks ago, I gave Taliban leaders a series of clear and specific demands: close terrorist training camps, hand over leaders of the Al-Qaeda network, and return all foreign nationals including American citizens unjustly detained in your country. None of these demands were met and now the Taliban will pay a price by destroying camps and disrupting communications. We will make it more difficult for the terror network to train new recruits and coordinate their evil plans. ** October 25, 2001 Witness: Colin Powell: Secretary of State Sound Clip 27:00 Colin Powell: Our work in Afghanistan though, is not just of a military nature. We recognize that when the Al Qaeda organization has been destroyed in Afghanistan, and as we continue to try to destroy it in all the nations in which it exists around the world, and when the Taliban regime has gone to its final reward, we need to put in place a new government in Afghanistan, one that represents all the people of Afghanistan and one that is not dominated by any single powerful neighbor, but instead is dominated by the will of the people of Afghanistan. Executive Producer Recommendations Krystal Kyle and Friends. August 21, 2021. Cover Art Design by Only Child Imaginations Music Presented in This Episode Intro & Exit: by (found on by mevio)