Kharwin, an alleged member of the designated terrorist group Hezb-e-Islami, was arrested for a third time in April.
Mohammad Kharwin, 48, was caught by authorities while illegally crossing the border in 2023. He was released into the interior of the US because the Border Patrol did not have biometric information that connected him with the watch list. He was then arrested again in 2024. Kharwin was brought before an immigration judge and was freed again with an asylum hearing in 2025, according to US officials who spoke to NBC News. He was released again because ICE prosecutors withheld evidence of Karwin's possible ties to terrorism because the information was classified, instead telling the judge he was a flight risk.
After the outlet's initial report in April which revealed Kharwin to be on the terror watchlist, he was promptly arrested again in San Antonio. Kharwin is an alleged member of the designated terrorist group Hezb-e-Islami. A new policy was released by Department of Homeland Security Secretary Alejandro Mayorkas in early May where immigration judges and officers are able to access the classified information on the terrorist watchlist.
The previous 2004 policy said that the access could only be used as a "last resort" for immigration officials. Under the old policy, asylum officers and prosecutors presenting deportation cases had to get approval from the DHS secretary to share classified information. Under the new policy, however, the officers can go to the heads of their various organizations, whether that is ICE or US Citizenship and Immigration Services, for approval of gaining access to the information.
The report comes as other instances of those on the terror watchlist have been caught attempting to enter the US. As of mid-May, 81 of those on the terrorist watchlist were recorded as attempting to cross the border illegally.
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