US Judge: Trump Administration Lacks Authority to Halt Afghan SIV Visa Processing

DID Press: A federal court in Washington, D.C. ruled the Trump administration has no legal authority to suspend the processing of Special Immigrant Visa (SIV) applications for Afghan refugees.

In a new ruling, US District Judge Tanya Chutkan ordered immigration authorities under President Donald Trump to resume the review of SIV applications filed by Afghan refugees.

The decision followed a lawsuit brought by refugee rights advocacy organizations and warned the Trump administration that it has no authority to suspend or halt the legally mandated SIV process.

While certain restrictions imposed under previous Trump-era policies on the entry of Afghan nationals into the United States remain in place, Judge Chutkan ruled in favor of Afghans who have waited for years for their SIV applications to be processed.

In her ruling, Chutkan emphasized that congressional directives requiring expedited processing of Special Immigrant Visas must be upheld and that any delay by the executive branch is unlawful.

She said that no government official has the “legal authority” to stop processes that have been approved and mandated by the US Congress.

The ruling strongly supports Afghan allies of the United States who, due to their cooperation with US forces in Afghanistan, face ongoing threats from the Taliban. In some cases, their SIV applications have remained pending for more than a decade.