RESOLUTION OF THE PHILADELPHIA BAR ASSOCIATION IN SUPPORT OF AFGHAN REFUGEES

WHEREAS, the Philadelphia Bar Association (“Association”) has long supported efforts to afford due process to refugees and asylum seekers; and,

WHEREAS, on May 16, 1994, the Association adopted a resolution calling for the Golden Venture Chinese Refugees to be afforded due process of law over concern deportation of said refugees would result in persecution on account of their political opinions, religious beliefs, or the family planning laws of the People’s Republic of China;¹ and,

WHEREAS, on March 30, 2006, the Association adopted a resolution which affirmed “throughout the world, and in Philadelphia, it has long been the role of lawyers to question the conduct of government, and to uphold the rights of others to do so, and to obtain recompense for wrongs done by government, by petitioning courts in the respective jurisdictions where those lawyers practice and to assert, pursuant to due process provided by law, the rights of citizens and others in their respective jurisdictions”;² and

WHEREAS, on March 30, 2006, the Association adopted a resolution which opposed HR 4437, the Border Protection, Anti-Terrorism and Illegal Immigration Control Act of 2005 which would have “prevented those who were granted asylum from ever obtaining permanent residency”, recognized “(m)any asylum seekers fleeing repressive or worn-torn regimes are unable to get passports from these regimes”, and opposed the bill which would have “expand(ed) removal which subject individuals, including asylum seekers, to immediate removal to countries without administrative or court review”;³ and

WHEREAS, on July 29, 2010, the Association adopted a resolution “Opposing Anti-Immigrant Legislation” which opposed anti-immigrant legislation throughout the United States by Federal and State legislative entities;⁴ and

WHEREAS, on December 15, 2016, the Association adopted a resolution which affirmed its “long and distinguished tradition of promoting equal access to justice”;⁵ and

WHEREAS, on November 29, 2018, the Association adopted a resolution which highlighted its “long history of support for eligible immigrants seeking to obtain a visa or residency in the United States”;⁶ and

WHEREAS, on November 29, 2018, the Association adopted a separate resolution which stated its belief “that status, residency, and citizenship should be granted to eligible individuals without regard to the applicant’s income”;⁷ and

WHEREAS, the United States of America was engaged in armed conflict in Afghanistan from October 7, 2001 to August 30, 2021; and

WHEREAS, tens of thousands of Afghan nationals worked with, supported, and fought alongside the United States of America and its NATO allies in fighting terrorist organizations, including but not limited to the Taliban, al-Qaeda, and the Haqqani Network; and

WHEREAS, in July 2021, then-President Joseph R. Biden, Jr. initiated Operation Allies Refuge to relocate Afghan nationals who were eligible for U.S. Special Immigrant Visas;⁸and

WHEREAS, in August 2021, in light of the fall of the Afghan government to Taliban control, President Biden initiated Operation Allies Welcome to facilitate the entry of approximately 90,000 vulnerable Afghan nationals into the United States of America;⁹ and

WHEREAS, upon the withdrawal of the United States of America from Afghanistan, the Afghan government fell to Taliban control;¹⁰ and

WHEREAS, the Taliban regime targets, oppresses, tortures, and kills women and girls,¹¹ members of the LGBTQ+ Community,¹² religious minorities,¹³ and those who worked with the United States of America and its NATO allies;¹⁴ and WHEREAS, on August 30, 2021, Philadelphia became the second American city to welcome Afghan refugees when over 250 arrived at Philadelphia International Airport;¹⁵ and

WHEREAS, as of March 26, 2023, approximately 800 Afghan refugees have been resettled in Philadelphia;¹⁶ and

WHEREAS, on January 20, 2025, the United States of America through the State Department issued a 90-day pause in foreign developmental assistance pending assessments of efficiencies which led to the suspension of the U.S. Refugee Admissions Program (“USRAP”) and the cancellation of pre-scheduled and pre-approved flights of Afghan refugees;¹⁷ and

WHEREAS, on June 5, 2025, current-President Donald J. Trump issued an executive order restricting the entry of various individuals, including Afghan refugees, from entering the United States based solely on their nationality and without consideration of their individual refugee status;¹⁸ ¹⁹ and

WHEREAS, the Hebrew Immigration Aid Society of Pennsylvania (“HIAS-PA”) published an article concerning “Mohib”, an Afghan refugee settled in Philadelphia, and his family, about the impact of suspending USRAP had on him and his family, wherein he stated “I hope that day [of their return to Afghanistan] never arrives, but if it does, I have thought seriously about returning there myself so I can die with them.”²⁰

WHEREAS, on June 10, 2025, the Department of Justice Office of Inspector General determined the process of resettling tens of thousands of Afghan evacuees in the United States of America was effective in resettling tens of thousands of Afghan evacuees in the United States while mitigating any threats to national security²¹; and

WHEREAS, House of Representatives (“H.R.”) 4995 “Enduring Welcome Act of 2025”²² would codify the Officer of the Coordinator for Afghan Relocation Efforts (CARE) to give the Coordinator clear statutory authority to: support voluntary departures of Afghans seeking to leave Afghanistan; lead interagency coordination on vetting, security, and case processing for Afghan allies in tandem with the Department of Homeland Security and Department of Defense; facilitate relocation and resettlement logistics in partnership with U.S. resettlement agencies; address family reunification barriers – especially for U.S. servicemembers and veterans separated from loved one; coordinate integration support, including trauma recovery and medical care; maintain a secure central database to track applicants, beneficiaries, and relocated individuals for transparency and accountability; and report regularly to Congress on progress, challenges, and case status; and

WHEREAS, H.R. 4995 would codify the above responsibilities in law so they cannot be eliminated by administrative choice; and

WHEREAS, similar to the Cuban Adjustment Act of 1966 (“CA”),²³ H.R. 4895 Afghan Adjustment Act²⁴ and Senate (“S.”) 2679 Afghan Allies Act²⁵ would create a direct pathway for Afghans who entered the United States of America under temporary humanitarian parole following the 2021 United States withdrawal from Afghanistan to directly apply for lawful permanent resident status (i.e., a “green card”) after additional vetting and without filing for asylum; and

WHEREAS, the United States of America has a covenant with its Afghan allies who risked everything to stand with and support U.S. forces and its NATO allies; and

WHEREAS, the United States of America has a national security interest in keeping its word to its allies to maintain its credibility in future conflicts that if foreign nationals stand with the United States, the United States shall stand with them.

NOW, THEREFORE, BE IT RESOLVED that the Board of Governors authorizes the Chancellor or the Chancellor’s designee, to communicate the contents of this Resolution to the public and pertinent governmental bodies; and

IT IS FURTHER RESOLVED that the Board of Governors authorizes and directs the Chancellor or the Chancellor’s designee take appropriate actions to advocate for the passage of the above cited bills or their equivalent in subsequent legislative sessions.

PHILADELPHIA BAR ASSOCIATION
BOARD OF GOVERNORS
Adopted: February 19, 2026

¹ https://philadelphiabar.org/?pg=BoardResolution940232252000

² https://philadelphiabar.org/?pg=BoardResolution0330300602

³ https://philadelphiabar.org/?pg=BoardResolution0330500602

⁴ https://philadelphiabar.org/?pg=ResJuly10_1

⁵ https://philadelphiabar.org/?pg=ResDec16_1

⁶ https://philadelphiabar.org/?pg=ResNov18_1

⁷ https://philadelphiabar.org/?pg=ResNov18_2

⁸ https://oig.justice.gov/sites/default/files/reports/25-056.pdf

⁹ Id.

¹⁰ https://apnews.com/article/afghanistan-taliban-kabul-bagram-e1ed33fe0c665ee67ba132c51b8e32a5

¹¹ https://news.un.org/en/story/2024/08/1153151