They fled the Taliban, legally entered the U.S. and now Trump is detaining them (Opinion)

Music was the topic in our English practice session. “What is music like in Afghanistan?” one of us asked. “Music not allowed,” said one of the women. “Taliban,” said another pantomiming the bucking recoil of a machine gun. “Hurt you.”

If these women are ever sent back, they will be imprisoned or worse, even if they do so much as hum a tune. Their husbands worked with the U.S. government during our 20-year presence in Afghanistan. After the country fell to the Taliban, these Afghans got a target on their back. Many fled with their families to neighboring Iran or Pakistan while others traveled bravely to the other side of the world.

Recognizing our responsibility to protect to these allied Afghans, the U.S. has enabled thousands to come here legally as refugees, special immigrant visa holders, and humanitarian parolees. The later requires individuals apply for asylum, a long process that requires applicants meet regularly with immigration officials.

That’s what Mohammad Ali Dadfar and his family did. Since Dadfar had worked with U.S. troops, they were forced to flee Afghanistan. They came here as humanitarian parolees and applied for asylum. They settled in Boulder and Dadfar got a job to support his family as a long-haul truck driver. They met faithfully with immigration officials and were awaiting a final hearing date.

Imagine Dadfar’s shock and dread when masked Immigration and Customs Enforcement (ICE) agents seized him at an Indiana truck stop last month and imprisoned him at a detainment center in Missouri.

This innocent man who followed the rules is now behind bars. While unlawfully detained, he is unable to earn money to support his family. And, this is not the first time a lawful resident has been swept up in ICE’s zeal to arrest, detain, and deport as many suspected illegal immigrants as they can, often without due process.

Whether one agrees or disagrees with the Trump Administration’s policy to deport immigrants here illegally, we can all agree that detaining and deporting immigrants who are here legally is both an affront to the rule of law and a cruel abuse of police power. This is particularly true of Afghan immigrants whose presence in the U.S. is due to our own foreign policy actions.

ICE and the Indiana State Police said they were targeting drivers close to the border with Illinois who held commercial licenses issued by jurisdictions considered “sanctuary states” by the Trump Administration. Did they ask any blond-haired, green-eyed truck drivers to show their commercial licenses? How many “Operation Midway Blitz” detainees look like me? Not a one person, I’m guessing.

Fortunately, some of those detained by this ICE operation will be released because a judge just ruled that the Department of Homeland Security violated a consent decree that restricts federal agents’ ability to conduct arrests without a warrant. Will detained lawful immigrants get reimbursed for wages lost during their unjust incarceration? Not one cent, I’m guessing.

In the meantime, U.S. Rep. Joe Neguse (CO-2) is in communication with Dadfar’s attorney and is trying to help end his unlawful detainment.

Working toward long-term solutions, U.S Rep. Jason Crow (CO-6) has introduced legislation to solidify legal permanent status for Afghan immigrants. Humanitarian parole and refugee and asylee programs have enjoyed bipartisan support until recently. In fact, President Dwight Eisenhower was the first to offer humanitarian parole to people fleeing persecution – anti-communist Hungarians who would have been killed or imprisoned by the Soviets.

Recently, the administration terminated humanitarian parole for Cubans, Haitians, Nicaraguans, and Venezuelans who came during the Biden administration. Although Afghans and Ukrainians are still eligible, one wonders for how long. The administration has also restricted legal pathways for refugees and asylees to seek refuge in the U.S.

How a large, wealthy country can turn its back on people fleeing death and imprisonment is unconscionable. If Dadfar is not released and returned to his family and if ICE does not start abiding by the laws of the land, the Trump Administration should consider demolishing the Statue of Liberty along with the East Wing. It will no longer stand false to those who hope in vain.

Krista Kafer is a Sunday Denver Post columnist.

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