Afghan soldier seeking US asylum released from immigration custody

HOUSTON (AP) — An Afghan soldier seeking asylum in the US who was arrested while trying to cross the border into Mexico has been released and reunited with his brother after months of immigrant detention, his lawyer said Wednesday.

Abdul Wasi Safi’s release from detention at a detention center in Eden, Texas came after a judge cleared him of an immigration charge at the request of federal prosecutors.

Wasi Safi, an intelligence officer in the Afghan National Security Forces, fled Afghanistan after the withdrawal of US troops in August 2021, fearing reprisals from the Taliban for providing US forces with information about terrorists. In the summer of 2022, he began a treacherous journey from Brazil to the US-Mexico border, where he was arrested in September near Eagle Pass, Texas. He hoped to join his brother who lives in Houston.

Prosecutors asked a federal judge in Del Rio, Texas, to drop the immigration charge “in the interests of justice,” and the judge granted the motion on Monday.

Zachary Fertitta, one of his criminal defense lawyers, said Wednesday that Wasi Safi is receiving medical attention at an undisclosed location but plans to speak at a press conference Friday in Houston.

Fertitta said that Vasi Safi and his brother are “very excited about the reunion”.

Jennifer Cervantes, one of Vasya Safi’s immigration attorneys, said there was no reason to keep him in custody, especially since the FBI had already spoken to him and found no problem.

“He certainly poses no danger to the United States. He has done many good services for the United States,” Cervantes said.

Rep. Sheila Jackson Lee, a Democrat from Houston, belongs to a bipartisan group of lawmakers working to free Wasya Safi. In a statement Tuesday evening, she said she expected him to arrive in her hometown by Friday.

The Department of Homeland Security, which oversees Customs and Border Protection and ICE, did not respond to an email asking for comment on Wednesday.

Samiullah Safi, Vasya Safi’s brother, served as an interpreter in the US military for several years. Sami Safi said he was glad the criminal case was dropped, but he remained disappointed with the way his brother and sister were treated in light of his family’s support for the US in Afghanistan.

“If we classify my brother’s service, how many lives did he save through his service and how many lives did I save through my service as a combat interpreter?” Sami Safi said.

The case of Vasya Safi was first reported by The Texas Tribune.

During his journey from Brazil to the US, Wasi Safi suffered serious injuries from beatings, including damage to his front teeth and hearing loss in his right ear.

Fertitta said Vasya Safi’s injuries were not properly treated while he was in custody, but it is not clear how much of a problem they have become.

“I will have to wait to be advised by the medical staff about this,” Fertitta said.

Lawyers, lawmakers and military organizations that worked to free Wasi Safi say his case shows how the chaotic withdrawal of US troops continues to hurt Afghan citizens who helped the US but stayed on the sidelines.

Nearly 76,000 Afghans who have worked with US soldiers since 2001 as translators, interpreters and partners arrived in the US on military aircraft after the US pulled out of Afghanistan. But their immigration status remains unclear after Congress failed to pass a proposed law, the Afghanistan Settlement Act, that would strengthen their legal residence status.

Cervantes said that Wasi Safi’s case is not unique, and that other Afghans seeking asylum on the US-Mexico border have also had difficulty getting their cases properly handled. She said she hopes her work will “shine light on this and (help) these guys do what I think is right, what I think is fair for them.”

___

Follow Juan A. Lozano on Twitter: twitter.com/juanlozano70