Biden administration working to fix loophole that let migrant on watchlist go free
The Biden administration is taking action to close a critical loophole in immigration proceedings that allowed a man on the terrorist watchlist to live freely in the U.S. for over a year. This move follows a memo written by Department of Homeland Security Secretary Alejandro Mayorkas earlier this month, which overturns a 2004 directive that made it challenging for officials handling immigration cases to share classified information.
According to a report from NBC News, the change in policy is a response to a shocking revelation from April – the story of Mohammad Kharwin, a 48-year-old Afghan migrant on the terrorist watchlist who was released on bond by an immigration judge in Texas.
Kharwin, identified as a member of Hezb-e-Islami, a designated terrorist group by the U.S., was initially apprehended crossing the border in 2023. However, he was released from custody because Border Patrol agents did not have biometric information linking him to the terrorist watchlist. This allowed him to reside in the U.S. freely for more than a year before being arrested by Immigration and Customs Enforcement (ICE) earlier this year.
Despite being on the terror watchlist, Kharwin was released once again after ICE prosecutors withheld evidence of his status, citing classified information. Instead, they attempted to argue that he was a flight risk. He was set to appear in court for an asylum hearing in 2025 but was arrested in San Antonio shortly after the NBC News report was published.
The new policy change by Secretary Mayorkas overrides the 2004 directive, allowing employees of agencies like ICE and U.S. Citizenship and Immigration Services to seek approval from their agency heads to share classified information. Additionally, the administration is exploring ways to enable more employees to acquire security clearances, as mentioned in the NBC News report.
A DHS official highlighted the evolving threat landscape posed by transnational criminal organizations involved in moving people, especially from the Eastern hemisphere. The official emphasized the increasing complexity of the terrorist threats over the years since 9/11.
The efforts to rectify the loopholes in the immigration system come amidst a broader context of enhancing national security and ensuring the safety of Americans. By addressing vulnerabilities like those that allowed Kharwin to evade proper scrutiny despite being on the terrorist watchlist, the Biden administration is striving to safeguard the nation against potential threats.
