Should Afghan Interpreters & Family Members Be Able to Wait to Get Medical Exams Until After They’re Admitted to the U.S.? (H.R. 3385)

What is H.R. 3385?

(Updated March 12, 2022)

This bill — the HOPE for Afghan SIVs Act — would waive for one year the requirement that Afghans seeking Special Immigrant Visas (SIVs) undergo a medical exam prior to their admission to the U.S. to allow for the expedited evacuation from Afghanistan to American territory. The waiver would be extendable for additional one year periods within a three-year window after this bill’s enactment. The Dept. of Homeland Security (DHS) and Dept. of Health and Human Services (HHS) would be required to ensure that any Afghan admitted with an SIV who didn’t undergo a pre-admission medical exam receives such an exam within 90 days of their admission.

Within one year of this waiver authority being exercised initially and following any extensions, DHS and HHS would be required to report to relevant congressional committees on the status of post-admission medical exams for Afghan SIVs.

The bill’s full title is the Honoring Our Promises through Expedition (HOPE) for Afghan SIVs Act of 2021.

Argument in favor

Afghan interpreters who worked with the U.S. and their immediate family members face death threats from the Taliban and terrorist groups in Afghanistan. To speed up their admission to the U.S., this bipartisan bill would allow federal agencies to waive pre-admission medical exams in Afghanistan as required by the Special Immigrant Visa process and allow those exams to occur after they’re admitted.

Argument opposed

The requirement that applicants seeking admission to the U.S. under the Special Immigrant Visa program receive a pre-admission medical exam shouldn’t be waived. It should remain in place, and federal agencies should ensure they provide medical exams while those immigrants get medical exams at U.S. territories like Guam or in friendly third countries before they’re fully admitted.

Impact

Afghan interpreters who worked with the U.S. and their immediate family members; and DHS and HHS.

Cost of H.R. 3385

The CBO estimates that enacting this bill would cost $6 million over the FY2022-2024 period.

Additional Info

In-Depth: Sponsoring Rep. Jason Crow (D-CO) introduced this bipartisan bill to waive pre-admission medical exams for Afghan interpreters and their immediate family members who are seeking Special Immigrant Visas (SIVs) to come to America. He offered the following statement on its introduction:

“When I served in Iraq and Afghanistan, I worked closely with local translators and contractors who were critical to our safety and success. Without their help, I may not be here today. The U.S. must honor our promises and protect our Afghan partners whose lives are now at risk by the Taliban. We can help expedite the SIV process by waiving the medical examination requirement in Afghanistan, which is cost prohibitive and difficult for many applicants to safely receive. The HOPE for Afghan SIVs is bipartisan, common-sense legislation that can help save lives.”

Lead cosponsor Rep. Brad Wenstrup (R-OH) added:

“When I deployed to Iraq, my unit was aided by local interpreters who knew their actions came at great cost to themselves and their families. Like them, our Afghan allies have been indispensable in our fight against terrorism. With the Administration’s deadline for withdrawal from Afghanistan fast approaching, we cannot forget their sacrifices on our behalf. In many cases, it’s untenable for them to remain in their home country due to active death threats for helping America, and our interpreters and other local allies are in mortal danger. I’m proud to join this legislation, which provides temporary flexibility to the Afghan Special Immigrant Visa program to make sure we don’t leave our friends behind.”

This legislation has the support of 75 bipartisan cosponsors, including 57 Democrats and 18 Republicans.

Of Note: In 2006, Congress established the Special Immigrant Visa (SIV) program to allow Afghans and Iraqis who served alongside U.S. forces as interpreters or contractors to receive permanent U.S. resident status and access to benefits for refugees. From the creation of the SIV program to March 31, 2021, a total of 99,279 individuals received SIV visas, including 30,541 Afghans and Iraqis who worked with the U.S. plus 68,738 dependent spouses and children, according to data from the State Dept.

The SIV program currently has an application backlog of more than 18,000 Afghans. Congress has acted on several occasions over the years to adopt bills to address the visa shortage by incorporating legislation into defense authorization bills.

Historically, it takes about 800 days for the State Dept. to process an application and conduct security screenings. In addition to security screenings, medical exams are a significant bottleneck in the process as Afghans are required to travel to Kabul to receive them, a journey which can prove dangerous given the Taliban’s presence in the country.

Afghan interpreters and their families are often targeted by the Taliban as part of the terror group’s campaign of assassination and intimidation. In a House Armed Services Committee hearing on the issue in May, Rep. Michael Waltz (R-FL), a former Green Beret, and retired Army Ranger Rep. Jason Crow (D-CO) recounted stories about Afghans they served alongside who were subsequently murdered by the Taliban for assisting American and coalition forces. Crow explained that a man named Mohammad who worked with the U.S. for 12 years and first applied for a Special Immigrant Visa (SIV) in 2010 faced repeated delays and denials until he was gunned down in January 2021 in front of his 10-year old son by the Taliban, who later sent Mohammad’s oldest son a death threat.

Media:

• Sponsoring Rep. Jason Crow (D-CO) Press Release

• CBO Cost Estimate

• Causes (Context)