One Post Away: ISIS In America

Afghan National on special immigrant VISA arrested for plotting terror attack.

Afghan National Arrested for Plotting Terror Attack

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Nasir Ahmad Tawhedi, 27, stands accused of conspiring and attempting to provide material support to the Islamic State of Iraq and al-Sham (ISIS). He attempted to purchase two AK-47’s and 500 rounds of ammo. The plot was to kill as many as possible on Election Day. Imagine panic at the polls spreading nationwide during a time when an overwhelming percentage of Trump supporters are heading to the polls. Complete and utter chaos.

He Entered on a Special Immigrant Visa

Tawhedi, an Afghan national, reportedly entered the U.S. under the Special Immigrant Visa (SIV) program—a visa designation aimed at assisting individuals who served as interpreters, translators, or other critical personnel for U.S. operations in Afghanistan. These visas, instituted under the Afghan Allies Protection Act of 2009 and expanded by several executive actions, were intended as a refuge for those who put their lives on the line for American forces. But the specifics of this program and its ongoing impact are tangled in a web of well-intentioned but perhaps insufficiently scrutinized policies.

In 2021, as the Taliban rapidly reclaimed Afghanistan following the U.S. withdrawal, President Biden issued executive orders expanding the eligibility criteria for SIVs and expediting the application process. Executive orders like Executive Order 14013 broadened eligibility criteria, permitting greater numbers of Afghan nationals to resettle in the U.S. under the auspices of humanitarian relief. As chaos reigned in Afghanistan, these actions sought to streamline visa issuance for those who had contributed to American interests, allowing an accelerated pathway to safety for tens of thousands of Afghans.

In theory, these orders embody America’s commitment to allies and reflect our nation’s humanitarian values. However, in practice, such expansions raise profound questions about the vetting process. Amidst the urgency to relocate allies, checks on applicants’ backgrounds may not have been as rigorous as under normal circumstances, allowing individuals like Tawhedi to slip through the cracks.

Unfortunately, his criminal trial will not provide insight into breakdowns in this process. I hope that Congress looks into this thoroughly.

A system strained by the demands of rapid resettlement, dependent on what amounts to an honor code among applicants. His plot, only uncovered by the luck of a Facebook post, reveals that border security is not merely a matter of who crosses into the country—it’s also about how they integrate and what they do once inside.

While the Department of Homeland Security (DHS) and FBI play critical roles in safeguarding the country, they cannot reasonably be expected to monitor every individual with unfaltering precision. As Tawhedi faces up to 35 years in prison if convicted on both counts, one can’t help but wonder: how many more individuals might be exploiting this pathway?

And more pointedly, what are the risks of relying on immigration policies to strike a balance between humanitarian responsibility and national security?

The Charges

1. Conspiracy and Attempt to Provide Material Support to a Terrorist Organization Under federal law, specifically 18 U.S.C. § 2339B, it is a crime to knowingly provide material support or resources to a designated FTO. This charge not only targets those who directly assist terrorist activities but also those who attempt or conspire to do so. "Material support" is broadly defined, covering a range of activities from financial aid and weapon provision to training and other forms of assistance. Tawhedi's alleged actions—including funneling money through a so-called charity front and actively recruiting others—make him eligible for this charge.

The penalties here are severe. A conviction for this count can result in up to 20 years in prison. The Justice Department, bolstered by numerous anti-terrorism statutes enacted since 9/11, takes a firm stance on cases like Tawhedi’s. The law does not require a successful attack for the maximum penalty; simply the intent and steps toward providing material support to ISIS suffice.

2. Possession and Use of Firearms in Furtherance of a Crime of Violence Alongside the conspiracy charge, Tawhedi faces charges under 18 U.S.C. § 924(c). This statute makes it a federal offense to use or carry a firearm during and in relation to any crime of violence or to possess a firearm in furtherance of such a crime. In Tawhedi’s case, his purchase and acquisition of AK-47 rifles, magazines, and a stockpile of ammunition fall directly under this law. Given that his intended targets included large gatherings on Election Day, these weapons were obtained with lethal intent.

For this charge, Tawhedi faces a maximum sentence of 15 years if convicted. The firearm charge adds a crucial element of escalation, underscoring that his actions went far beyond ideological support and extended into planned, violent execution.

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