The disparities between the U.S. government’s use of humanitarian parole in response to the humanitarian crises in Afghanistan and Ukraine are indicative of discrimination and violate the Equal Protection Clause.  As such, U.S.-based relatives of Afghans should prevail in seeking accountability for the thousands of Afghans who continue to wait for protection.

First, this Note explains what immigration parole is, provides an overview of standing, equal protection, and animus, and describes how the government has used parole for Afghans and Ukrainians.  Second, it compares parole for Afghans and Ukrainians and discusses recent immigration equal protection challenges.  Third, it demonstrates that the differences between the uses of parole are disparities indicative of discriminatory animus, outlines what an equal protection animus claim against the government by U.S.-based relatives of Afghans could consist of, and urges the courts to adopt a new framework that would enable a finding of discriminatory animus in this and future immigration cases as a means of holding the government accountable.