US immigration authorities have reportedly stepped up arrests of Afghan asylum seekers who arrived in recent years and are awaiting hearings, according to lawyers and advocates. Many detained individuals had humanitarian parole, complied with ICE check-ins, and had no criminal records. The detentions follow broad administrative changes that paused processing for large numbers of asylum and immigration applications, creating widespread fear and uncertainty in Afghan communities.
Lawyers Say US Immigration Agents Are Increasingly Detaining Afghan Asylum Seekers, Sparking Widespread Fear
In recent weeks, ICE appears to be increasingly arresting Afghans awaiting hearings.Photograph: Yuki Iwamura/AP
Immigration authorities in the United States have reportedly increased arrests and detentions of Afghan asylum seekers who recently arrived and are awaiting immigration-court hearings, attorneys and advocates say. Many of those detained — including men who had been granted humanitarian parole or who sought asylum at the southern border — say they were complying with U.S. requirements such as regular check-ins and electronic monitoring.
Arrests During Routine Check-Ins and in the Community
One Afghan man, identified as Amir, entered the U.S. via Mexico in 2024 and was living in Bloomington, Indiana. After leaving an English class shortly after noon on a Monday, an unmarked vehicle stopped his car. Within minutes, he was handcuffed and taken to a detention facility. Rearview footage reviewed by lawyers shows agents wearing FBI vests approaching his vehicle and an agent telling him, "You don’t have lawful status to be here. Your visa expired." Amir was not permitted to call his lawyer while being transported, his family says.
In New York, another Afghan asylum seeker reported to an Immigration and Customs Enforcement (ICE) office at the agency’s request and was detained. In northern California — home to one of the country’s largest Afghan communities — attorneys reported nearly two dozen Afghans arrested either while in the community or during routine check-ins over a recent two-week period.
Who Was Affected
Attorneys say most of those detained sought asylum at the U.S.–Mexico border within the last two years or arrived under Operation Allies Welcome, the U.S. resettlement program for Afghans after 2021. Many had been granted humanitarian parole, a temporary status that allows people to live and work in the U.S. while their asylum claims proceed. Several of the detainees reportedly had no criminal records and were complying with electronic monitoring and reporting requirements.
“These arrests have created a huge chilling effect,” said Shala Gafary, managing director of the Afghan Legal Assistance program at Human Rights First. “People just don’t feel safe to leave their home. They are asking about routes to Canada or other countries.”
Policy Shifts and Uncertainty
The reported detentions coincide with broad policy changes announced by the administration that paused asylum decisions for nearly 1.5 million people and temporarily halted processing of green card, citizenship and asylum applications from migrants from 19 countries. Legal advocates say it remains unclear how those administrative moves will be implemented and whether humanitarian parole or other statuses for Afghan arrivals could be altered.
Advocates emphasize that people with removal orders retain the right to immigration-court hearings. Still, attorneys report that ICE has increasingly detained Afghans while they wait for hearings, keeping them in custody until cases are decided.
Impact On Families And Legal Representation
Amir’s family, members of the Hazara Shia minority, say they fear immediate detention or worse if he were returned to Afghanistan. His wife is pregnant and the family says they have received no explanation for his arrest. Other attorneys describe clients who provided extensive documentation of past persecution — including medical and mental-health evaluations and photographs of injuries — and who nevertheless worry about unexpected arrests despite compliance with U.S. requirements.
Lawyers also face practical challenges. Some detainees have been transferred long distances — for example, to the ICE facility in California City — making visits and representation difficult. Attorneys report uncertainty about court scheduling given recent personnel changes and a growing immigration-court backlog, and note that filing federal habeas petitions to challenge detention can be costly and logistically demanding for small legal teams.
“Clients have expressed to me that they’re feeling deeply unsettled and very fearful of what may happen to them next,” said Elora Mukherjee, director of Columbia Law School’s Immigrants’ Rights Clinic, after her client was detained following an ICE check-in in New York.
The Department of Homeland Security did not respond to requests for comment. Attorneys and advocates say Afghan communities are living in fear and uncertainty as they await further guidance on how the recent policy changes will affect pending asylum and parole cases.
