The threat of attacks posed by international terrorist organizations requires a multifaceted response that includes US officials working in close coordination with their foreign counterparts to develop strategies and share sources of reliable intelligence. In point of fact, as an INS agent, I frequently worked with law enforcement agencies of other countries to combat transnational crimes, narcotics trafficking and terrorism, and frequently found that our investigations could not have gone forward without the assistance of our allies.
Clearly the administration recognizes the threats to national security and public safety posed by international terrorists. However, a recent ICE (Immigration and Customs Enforcement) news release titled Foreign National Sentenced to 31 Months in Prison for Leadership Role in Human Smuggling Conspiracy left me frustrated and befuddled. The defendant in this case, a Pakistani national by the name of Sharafat Ali Khan, admitted that he smuggled dozens of illegal aliens into the United States, yet was permitted to plead guilty to a single count of alien smuggling.
There is, as you will see shortly, far more to his crimes then simply facilitating the uninspected entry of a significant number of illegal aliens into the United States.
To be fair, most criminal prosecutions are concluded by plea bargains, not by trials. If all cases were resolved by a trial, the judicial system on all levels would collapse in a matter of weeks. Plea bargains are commonplace and are supposed to make sense for all involved.
Sometimes defendants become cooperators who provide vital information against other members of the criminal conspiracies in which they participated so that those above them in the criminal “food chain” can be identified and evidence vital to the successful prosecution of these criminals can be gathered. In such instances the benefits to such plea bargains are generally fairly obvious.
Sometimes prosecutors decide that it is simply easier to offer a plea deal to dispose of a criminal prosecution with the expenditure of minimal resources. Trials are often time and resources consuming, making appropriate plea bargains cost-effective and therefore advantageous. However, there are times when a plea bargain is not a “bargain” for law enforcement nor for the public interest.
Plea bargains are compromises but our national security should never be compromised. Although I am reluctant to second-guess the prosecutors, today I am compelled to disagree with the the plea bargain that will set Khan free in just 31 months.
According to the ICE press release, a plea bargain agreement was reached between federal prosecutors and Khan in which he agreed to plead guilty to a single count of alien smuggling in exchange for a 31-month prison sentence. In reality, he smuggled dozens of illegal aliens into the United States.
Khan’s crimes endangered the lives of the aliens he smuggled, but, first and foremost, his crimes created a significant threat to U.S. national security and public safety. The illegal aliens he smuggled in were citizens of countries that are associated with terrorism, specifically, Afghanistan, Bangladesh and Pakistan. According to evidence and intelligence gathered by a group of U.S. law enforcement agencies including Homeland Security Investigations (HSI), a division of Immigration and Customs Enforcement (ICE); the Joint Terrorism Task Force; FBI-Miami; and the U.S. Department of State’s Diplomatic Security Service (DSS), at least one of the smuggled aliens had a direct nexus to terrorism. That individual was a citizen of Afghanistan who authorities said was involved in a plot to conduct an attack in the U.S. or Canada and had family ties to members of the Taliban.
To conduct his scheme, Kahn acquired immigrant status in Brazil, the country through which he smuggled those aliens and in which he created “safe houses” along with additional holding sites in other Latin American countries. Of extreme significance is face that the Tri-Border Region of Brazil is notorious for its terror training camps. This threat is laid out in an important paper, Islamist Terrorist Threat in the Tri-Border Region, that was published by Jeffrey Fields a research associate for the Center for Nonproliferation Studies.
Furthermore, as reported by the Washington Times, when Khan stood before the federal judge to plead guilty plea to the single count of alien smuggling, Khan demonstrated the unmitigated chutzpah to ask the judge to grant him political asylum, claiming he was a “poor person.” In asking for political asylum, a request summarily dismissed by the judge, Khan was simply following the same advice he gave to the aliens he smuggled, telling them to claim political asylum if they were caught by the Border Patrol.