Written by Matt Alexander @therealazmatt
An Afghan migrant flagged on the U.S. terrorist watchlist spent nearly a year moving freely within the United States after being apprehended and subsequently released by Border Patrol agents last year, according to U.S. officials speaking with NBC News. Identified as Mohammad Kharwin, aged 48, the individual was first arrested in February and later released last month by an immigration judge in Texas. The judge was reportedly unaware of Kharwin’s national security threat status.Kharwin was granted freedom on bond as he awaited an immigration hearing scheduled for 2025, with no limitations imposed on his movements within the country, officials disclosed.
Late Thursday, Kharwin was again taken into custody by Immigration and Customs Enforcement (ICE) agents, as confirmed by a Homeland Security spokesperson. A source familiar with the matter assured that there is currently no evidence to suggest Kharwin entered the U.S. with malicious intentions.
Kharwin’s initial apprehension occurred on March 10, 2023, near San Ysidro, California, subsequent to his illegal crossing over the Mexico-U.S. border. Border agents reportedly suspected Kharwin’s terrorist watchlist status upon his arrest due to a matching piece of information with an individual on the watchlist. However, lacking corroborative evidence, officials opted to release him, akin to any other migrant, without notifying ICE of potential terrorism links.
Following his release, Kharwin was enrolled in ICE’s Alternatives to Detention Program, allowing him to check in periodically by phone with an ICE officer. He also availed himself of asylum application and work authorization, in addition to domestic travel within the U.S. Kharwin’s ties to Hezb-e-Islami (HIG), labeled a terrorist organization by the U.S., were highlighted through his inclusion in the FBI’s national terrorist watchlist, which comprises approximately 1.8 million individuals deemed security risks.
Despite the Biden administration’s emphasis on detaining and deporting national security threats among migrants, Kharwin’s case underscores the complexities faced by officials in identifying and managing potential threats within the migrant population.
In February, the FBI relayed information to ICE signaling Kharwin’s suspected terrorist affiliations and potential national security risks. Subsequently, nearly a year following his initial release near the border, ICE agents conducted an operation that led to Kharwin’s arrest in San Antonio on Feb. 28, sources familiar with the case revealed.
During court proceedings, ICE prosecutors allegedly withheld certain classified information from the judge, specifically details linking Kharwin to HIG. Despite arguing that he posed a flight risk, prosecutors refrained from explicitly citing him as a national security risk.
Ultimately, the judge ordered Kharwin’s release on bond without imposing any restrictions on his movements within the U.S., while stipulating his appearance for the next court hearing in a year. ICE has reportedly not contested the judge’s decision.
This incident marks the third instance in two years where Customs and Border Protection (CBP) has released migrants with suspected ties to terrorism, highlighting the persistent challenges confronting U.S. officials in effectively identifying and addressing national security concerns within the migrant population.