A federal judge has ruled that U.S. Immigration and Customs Enforcement lawfully detained an Afghan refugee living in Ulster County, despite his arrest during an asylum interview and years of legal residence in the Hudson Valley.
Ali Faqirzada, a Bard College student and Afghan refugee, has been held in ICE custody since Oct. 14. This week, a federal judge in New Jersey denied his petition for release, finding that his detention does not violate due process.
“So Ali Faqirzada is not going to be able to come back to the Hudson Valley,” said Times Union reporter Maria Silva. “After this federal judge in New Jersey ruled that his detention is essentially lawful.”
Judge: ICE Acted Within Its Authority
The judge pointed to the terms of Faqirzada’s humanitarian parole, which allowed immigration officials to revoke his release at their discretion.
“When Ali Faqirzada was first apprehended by Border Patrol and then granted humanitarian parole, immigration officials made it clear they could terminate that parole at any time,” Silva said. “That’s what happened on October 14.”
ICE issued an administrative — not criminal — warrant for Faqirzada’s arrest. He has remained in detention since.
The court also rejected arguments that his detention violates due process.
“The judge said his detention does not violate due process because he has been in custody for less than three months, which courts do not consider arbitrary,” Silva said.
Under federal law, the judge ruled, Faqirzada must remain in custody until his asylum case concludes. “He’ll stay detained until he’s either granted asylum or removed from the country,” Silva said.
Arrest Followed Credible Fear Interview
Faqirzada was arrested after attending a credible fear interview — a standard step in the asylum process.
“He went to an ICE facility in New Jersey on October 14 and attended a credible fear interview on Long Island,” Silva said. “His sister told us he passed that interview, and his lawyer said he showed credible fear of returning to Afghanistan.”
After an immigration officer told Faqirzada he had a valid asylum claim and gave him a court date, ICE agents arrested him in front of his attorneys.
“The reason given was that he crossed the southern border without permission,” Silva said. “But expressing fear of returning to Afghanistan is legal and part of the asylum process.”
Crossing the border without authorization is a civil immigration violation, not a criminal offense.
Family, Bard College Rally Support
Faqirzada’s family and supporters say his detention makes little sense. His parents and siblings, who crossed the border with him, have already been granted asylum.
“They all went through the same process,” Silva said. “The family doesn’t understand why Ali is being detained when everyone else was approved.”
The case has drawn bipartisan attention and strong support from Bard College, where Faqirzada studied computer programming and worked as a campus security guard.
“Bard College has held vigils and raised thousands of dollars to support his family,” Silva said. “Supporters describe Ali as generous, respectful, and someone who was contributing to society.”
Faqirzada’s asylum case is still pending.
Image: Ali Faqirzada, the Afghan refugee resettled in Ulster County was arrested by U.S. Immigration and Customs Enforcement in October. (Credit: GoFundMe)