Federal prosecutors are dropping charges against a former Afghan soldier who feared Taliban reprisal after serving alongside U.S. military forces and sought refuge at the U.S./Mexico border, only to be arrested and detained. Abdul Wasi Safi had been charged with a federal misdemeanor after being detained by Border Patrol in September, The Texas Tribune reports. He’d traveled through nearly a dozen countries after being unable to get onto a plane amid the evacuations from Afghanistan in 2021. His attorney told CNN he wanted to seek asylum after arriving at the border but didn’t know that he needed to go to a port of entry.
Wasi’s case drew notable attention from veterans groups and lawmakers, primarily Rep. Sheila Jackson Lee, who pressed on intervention from the White House and various federal agencies. In welcome news this week, outlets say that federal prosecutors asked a court to throw out the case against Wasi “in the interest of justice.” Anything else would’ve truly been a miscarriage of justice.
Campaign Action
“I’m very grateful to the leadership of the Department of Defense who answered my call immediately and provided important and valuable information,” Jackson Lee said in remarks reported by CNN. “I’m grateful to say thank you to my government. Thank you to my president, and thank you to the leadership of the different agencies including the Department of Defense that really understood his plight and worked hard to ensure that we moved this process along.”
The Texas Tribune reports that Wasi’s work as a special forces intelligence officer with the Afghan army saw him working U.S. military, which then made him a prime target for Taliban retribution following the evacuations in summer 2021. While thousands were able to flee, he wasn’t among them.
“For months, Wasi hid with his family in Afghanistan while attempting to find a way out of the country safely,” the report said. “His brother, Sami-ullah Safi, had worked directly with U.S. special forces as a contracted interpreter and lives in Houston as a U.S. citizen. Over the next year, Wasi crossed countries and continents on a dangerous migratory path through Latin America to his arrest at the border.” He’d remain in detention since, facing a charge related to his entry.
While Jackson Lee led on his case, it in a rarity of sorts garnered some Republican support from Dan Crenshaw and Mike Waltz. But while their Dec. 22 letter urged President Joe Biden to grant the former soldier humanitarian parole, it was also chock full of unnecessary digs at other asylum-seekers at the border. Crenshaw’s quote complained that Wasi is detained while “illegal immigrants” are making “frivolous asylum claims.” Asylum is legal immigration, buddy. I mean, the guy can’t even be right for once and make a just plea for someone’s release without being a complete asshole.
Anyway, the federal government’s decision to drop the case against Wasi means he could have a much easier path to an asylum claim. Right now he’s still detained and at risk of being transferred to Immigration and Customs Enforcement (ICE) custody. That would be a whole other ordeal. His attorney, Jennifer Cervantes, told The Texas Tribune that ICE would have no reason to detain him.
“He’s definitely not a threat, he’s been vetted [by the FBI],” she said in the report. “He’s not a flight risk, he wants to be here and he wants to proceed legally.”
Wasi’s brother is happy for his release and ready for their reunification. “He came to the same country that he fought alongside, and to his surprise he was singled out and treated as a criminal. Is this how America treats its allies and those who sacrificed alongside Americans in Afghanistan?” he told CNN. “My service for the military should have been valued. My brother’s service to the military should have been valued.”
Their service of Afghan allies and their families should indeed be valued, but Senate Republicans instead derailed an effort to pass permanent protections for thousands of evacuees this past December. Since then, the Biden administration has taken steps on its own in support of Afghan families by announcing a new process that would allow eligible Afghan evacuees, as well as U.S. citizens and permanent residents, to apply to begin the process of reuniting with immediate family members.
Listen to the latest episode of The Downballot podcast for an in-depth analysis of the 2024 Arizona Senate race and the implications of Kyrsten Sinema's re-election decision. Special guest Victoria McGroary, the Executive Director of BOLD PAC, will also discuss the efforts to prevent losses among Hispanic voters and the fight against disinformation in Spanish language media.