Biden Administration Moves to Close Border Loophole Following Release of Terrorism-Linked Migrant
The Biden administration is implementing policy changes to provide immigration judges and asylum officers with greater access to classified information to better assess potential security threats posed by migrants. This move follows an NBC News report highlighting the release of an Afghan migrant on the terrorist watchlist due to insufficient evidence presented in court.
The policy shift was announced in a memo by Department of Homeland Security (DHS) Secretary Alejandro Mayorkas on May 9. It aims to address the issue that arose when an immigration judge in Texas released Mohammad Kharwin, 48, on bond. Kharwin, who was apprehended in 2023, had crossed the southern border but was released because the Border Patrol lacked biometric information linking him to the watchlist. Immigration and Customs Enforcement (ICE) prosecutors did not present classified evidence of his terror ties, arguing instead that he was a flight risk.
Kharwin lived in the U.S. for over a year before being re-arrested by ICE in early 2024. Without evidence of his terror ties being presented, he was freed again to await an asylum hearing in 2025. However, following the NBC News story, he was re-arrested in San Antonio.
The new DHS policy overrides a 2004 directive that restricted the use of classified information in immigration proceedings to a last resort. Now, asylum officers and prosecutors can seek approval from their agency heads, such as ICE or U.S. Citizenship and Immigration Services, to share classified information, rather than needing the DHS secretary’s approval.
Two DHS officials indicated that the administration might need additional space and security clearances for employees to handle classified information. They did not confirm if the NBC News report directly prompted the policy change but noted that evolving global migration trends required a review of immigration policies to mitigate terror threats.
One DHS official emphasized that transnational criminal organizations are increasingly involved in human smuggling, including individuals from the Eastern Hemisphere. This has complicated the terrorist threat landscape, which has evolved significantly since 9/11.
Kharwin is on the FBI’s national terrorist watchlist, which includes 1.8 million names of potential security risks. He is identified as a member of Hezb-e-Islami Gulbuddin (HIG), a group designated by the U.S. as a terrorist organization.
