Mohammad Kharwin, 48, is currently free on bail awaiting an immigration hearing in Texas, scheduled for 2025. He is on the FBI's national terrorist list, which contains the names of 1.8 million people considered a potential security risk.

He was detained in March 2023 after illegally crossing the border between Mexico and the United States. Border agents suspected that he was on the U.S. terrorist list because a tip matched that of a person on the list. But agents lacked corroborating information, which officials declined to describe, that would confirm that Khar win was the person they suspected. The case illustrates the challenges authorities face in identifying migrants who may pose a threat to national security. With border security funding blocked in Congress, the case illustrates how difficult it is to identify and deport migrants who pose a national security threat, US officials said. The Biden administration has said it is prioritizing migrants considered a threat for detention and deportation. The judge did not say he was a risk tonational security, according to sources familiar with the case.