Under the Biden-Harris Administration, the Department of Homeland Security has released at least 99 people on the terrorist watchlist who entered the country illegally into American communities.
A new report from the U.S. House Judiciary Committee said there are also at least 34 other people on the watchlist who are in DHS custody and are not yet removed from the country. Those on the terrorist watchlist trying to enter the country illegally came from 36 different countries, including Afghanistan, Iraq, Turkey, Pakistan and Yemen.
At least 27 migrants on the terrorist watchlist who came through the southwest border were granted bond by immigration judges, the report said. At least four others were granted asylum.
The report referred back to an arrest of eight Tajikistan nationals made by the U.S. Immigration and Customs Enforcement in June. Three of the eight people were released into the country after using the CBP One phone application to schedule an appointment at a port of entry.
Four of them were encountered by Border Patrol while crossing the border and the others came to a port of entry without an appointment, said the report.
“ICE officials have revealed to the Committee that officers encounter members and affiliates of terrorist organizations in their areas of responsibility, with one senior ICE official admitting that the Biden-Harris border crisis has made it more difficult for officers to arrest national security threats in the United States,” said the report. “If a national security threat recently crossed the border, ICE finds it ‘very difficult’ to locate the illegal alien in the United States, given the alien’s lack of a ‘digital footprint’ in the country.”
Migrants on the terrorist watchlist crossing into U.S.
The report said during the fiscal year 2022, Border Patrol encountered at least 98 people on the terrorist list at the border — 83 more than during fiscal year 2021 and “is nearly nine times the number encountered during fiscal years 2017 through 2020 combined.”
During the Biden-Harris administration, Border Patrol agents have had more than 3,000 percentage points more encounters with migrants on the terrorist watchlist than under the Trump-Pence Administration.
“That does not include the untold numbers of potential terrorists that evaded Border Patrol to enter the United States as part of nearly 2 million ‘gotaways’ since the beginning of the Biden-Harris Administration,” said the report.
The report cited testimony from FBI director Christopher Wray delivered before the committee in July.
“Director Wray testified that fake documents compound the difficulties in vetting national security threats at the border, as illegal aliens who use fraudulent documents to enter the country cannot be connected to biometric data of potential terrorists,” said the report.
The report pointed toward a couple of specific cases. One was regarding Mohammad Kharwin — on the terrorist watchlist for apparent membership in Hezbe-e-Islami, “a political and paramilitary organization that the U.S. has designated a terrorist organization.”
Kharwin entered the country illegally and was released by ICE after posting bond. He was rearrested after media reports.
The report said the case with Kharwin shows that judges who hear immigration cases “are ill-equipped to handle national security-related cases.” These judges often are unable to access classified information.
When ICE officials argued in court for Kharwin to remain in custody, the report said they did not share information about his apparent ties to the terrorist group. “Instead, ICE attorneys ‘argued that he should be detained without bond because he was a flight risk, but they did not say he was a national security risk.’”
Congress’ inaction on the border
The report concludes by recommending the Senate pass H.R. 2, a Republican-backed bill. Democrats in the Senate have indicated they would not be open to passing H.R. 2.
The Secure the Border Act or, H.R. 2, would deploy more Border Patrol agents and restart construction on the border wall. It would also require transparency from the Department of Homeland Security about illegal crossings, end catch and release, and create stricter requirements for asylum.
Speaking on the Senate floor, Democratic Majority Leader Chuck Schumer called H.R. 2 “a very partisan bill” and said the Senate negotiated bill with input from Democrats and Republicans was “a serious attempt at border reform.”
It was a $118 billion package that included foreign aid to Ukraine, Israel, the Indo-Pacific as well as humanitarian aid to people in Gaza and the West Bank.
Under the bill, asylum cases would be heard by the Department of Homeland Security rather than immigration judges. It would change the standard for asylum seekers and allow for asylum claims to be rejected based on a disqualifying criminal history.
It would increase the number of detention beds to 50,000 and also create 50,000 new visas a year for five years.
At the time, House Speaker Mike Johnson said the Senate bill would be dead on arrival. Utah’s House delegation opposed the bill as well as Sen. Mike Lee. Lee expressed concern the bill would codify the administration’s catch and release policy into law and would fail to be effective at securing the border.
At the time, Utah Rep. John Curtis said he thought the Senate should consider H.R. 2 given the reaction to the bipartisan deal.
With Congress unable to pass a border deal, the latest policy development came from a Biden administrative plan. People without legal status married to U.S. citizens who have lived in the country for at least 10 years can apply for citizenship.
This policy was praised by Democrats for keeping families together and improving the economy. Sen. Catherine Masto of Nevada wrote an opinion article for Univision saying, “These are critical steps that would help our economy, support businesses across the U.S., and allow hundreds of thousands of people who call this country home to breathe easier.”
Republicans said the policy could pose a national security threat and were critical of President Joe Biden for bypassing Congress.
“The President may think our homeland security is some kind of game that he can try to use for political points, but Americans know this amnesty plan will only incentivize more illegal immigration and endanger Americans,” said Johnson in a social media post.