The Fundamental Right of a Safe Place to Call Home: Why the United States Immigration System Needs to Reform Its Response to Humanitarian Crises

As part of its overall aim to identify how the United States can more proactively intervene in humanitarian crises, this article will examine the Department of Homeland Security’s role in securing the safe arrival of migrants into the United States and helping them to thrive thereafter, using the crisis in Afghanistan as a lens. Part I outlines the U.S. involvement in Afghanistan and the events culminating in the 2021 military withdrawal, while seeking to remain mindful of this history’s complexity and nuance. Part II examines existing U.S. immigration mechanisms, with a focus on humanitarian parole, and critiques their inadequacy in addressing the needs of Afghan refugees. It also evaluates the highly discretionary nature of the administrative agencies that form the U.S. immigration system, and how this contributes to systematic flaws. Finally, Part III explores potential reforms to better serve both current Afghan refugees and all future refugees. This part analyzes alternative theories on addressing humanitarian crises, delves into their merits, and ultimately suggests the most optimal path forward.