In the wake of the Taliban’s takeover of Afghanistan following the withdrawal of U.S. troops in August 2021, a significant number of Afghans, including U.S. allies, sought refuge in the United States under temporary refugee status. However, as their parole statuses expire in the coming months, Afghan refugees in the Bay Area now face uncertainty and legal challenges.
To address this urgent need, Berkeley Law’s Asylum Law Practicum, led by instructor Kyra Lilien, partnered with several Afghan refugees to help them navigate the intricate and backlogged American asylum system. Lilien, who is also the director of the immigration legal services program at Jewish Family and Community Services (JFCS), East Bay, one of the resettlement agencies supporting Bay Area Afghan refugees, recognized the necessity of providing legal assistance in this complex situation.
The refugees who managed to escape Afghanistan were placed in the East Bay through resettlement agencies, which sought to house them with or near community members who had already established roots in the area, explained Lilien. Unlike the typical process of resettling individuals with refugee status, these Afghan refugees entered the United States on parole, a temporary permission that is valid for two years.
Lilien emphasized that the term “refugee” represents a permanent legal status that does not expire, facilitating a path to citizenship based on a “well-founded fear” of persecution. However, with many Afghan refugees’ parole statuses set to expire around August, those who have not yet received asylum face a precarious legal limbo. Once their parole expires, refugees lose their work permits, benefits eligibility and become vulnerable to deportation.
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Recognizing the urgent need for legal expertise, Lilien, who had been teaching a refugee law course at Berkeley Law, proposed the Asylum Law Practicum as an opportunity for students to apply their skills and advocate for Afghan refugees. The practicum assigned its nine students to seven JFCS cases, with some students collaborating to assist entire families.
Muhammad Yusuf Tarr, a Berkeley Law student enrolled in the practicum, explained that they reviewed the refugees’ documents, stories, and initial parolee application materials. They also engaged in conversations with the refugees to gain a deeper understanding of their current situations in the United States and establish grounds for asylum based on a fear of future persecution if they were to return to Afghanistan.
Before the crisis, JFCS did not have an asylum program to handle the influx of cases. Lilien highlighted the significant impact of leveraging the skills of practicum students to assist with these cases, greatly benefiting the agency’s work.
Despite additional funding provided to the U.S. Citizen and Immigration Services (USCIS) in October 2021 to prioritize Afghan asylum applications, Lilien noted that the waiting times for an asylum interview can still take up to six months. In comparison, non-Afghan refugees may face waits of up to five years for their interviews.
Based on the work conducted by the students throughout the semester, asylum applications have been submitted for these clients. However, the process now relies on USCIS scheduling the crucial asylum interviews. Lilien expressed that the waiting game begins, hoping for progress in the asylum applications for the Afghan refugees.
Berkeley Law’s Asylum Law Practicum demonstrates the invaluable role that legal education can play in supporting vulnerable populations during times of crisis. The students’ efforts in providing essential legal assistance to Afghan refugees address immediate needs and contribute to the broader discourse on refugee rights and the complexities of the asylum system.