September 28, 2023

The San Francisco Bay Area office of the Council on American-Islamic Relations (CAIR-SFBA), the nation’s largest Muslim civil rights and advocacy organization, today welcomed the settlement of a class action lawsuit brought by Afghan asylees against the U.S. Citizenship and Immigration Services for failing to process thousands of asylum applications in the committed timeframe. 

After the U.S. withdrawal from Afghanistan in 2021 and the subsequent takeover by the Taliban, the U.S. initiated Operation Allies Welcome to evacuate allies who had worked alongside the U.S. and, as a result, faced threats from the Taliban. The U.S. committed to processing asylum applications within 150 days. However, after two years, thousands of asylees were still awaiting a decision. A lawsuit was brought by seven plaintiffs against the U.S. government in the U.S. District Court for the Northern District of California to expedite the adjudication of their and thousands of other asylum applications. 

SEEAhmed et al v. Department of Homeland Security et al

One of CAIR-SFBA’s clients, Mursal Sadat, who was also one of the plaintiffs named in the lawsuit, had worked for both the United Nations and the U.S. Agency for International Development in Kabul. For safety concerns, Mursal was forced to flee Afghanistan to the U.S. without her family, where she spent two years awaiting her asylum authorization. During this time, she was unable to travel to visit her ill parents and siblings, who had escaped to Pakistan. 

The settlement agreement, reached between the U.S. government and lawyers from Kirkland & Ellis and the National Immigrant Justice Center, lays out several stipulations for the timely adjudication of asylum applications. 

SEEAfghan People Seeking Asylum Reach Landmark Settlement With U.S. Government In Class Action 

In a statement, CAIR-SFBA Managing Attorney Brittney Rezaei said: 

“The resolution of this case with nationwide impact marks a significant milestone in the ongoing efforts to ensure justice and fairness for Afghan asylum seekers. It is a testament to the dedication of the legal team who brought the suit, the plaintiffs and all those involved in holding the U.S. government accountable to its commitments.

“I am pleased that this settlement will enable Mursal and the thousands of others who have sought refuge in the U.S. to reunite with their families and to begin rebuilding their lives with more certainty and stability. While this is a positive step forward, we remain steadfast in our commitment to safeguarding the rights and well-being of all asylum seekers.”