SALT LAKE CITY — In 2023, brothers Mohammad Emran Kohistani and Mohammad Sajad Kohistani presented themselves at the United States border.
“The government said, 'You're in our country unlawfully, we are issuing an arrest warrant,'” said attorney Adam Crayk. "They discuss who they are, why they're there. They determine, 'Oh, we don't need the arrest warrant. We don't need to keep you in custody. We're going to give you an ORR.'”
ORR stands for “own recognizance release” which gives them the ability to be free with the promise to appear in court.
“Their father, who ultimately ended up becoming a colonel in the Afghan army, who fought side by side with Americans and American soldiers and NATO soldiers. Their home was raided by the Taliban. They were beaten by the Taliban,” Crayk said.
Crayk said both brothers have asylum claims pending in immigration court.
“Those trials or their immigration hearings were coming up… they were coming to the end of the road,” Crayk said.
He added that besides a speeding ticket, the brothers have no criminal history.
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Both brothers got a letter from the Department of Homeland Security for another check-in on Tuesday with ICE's "Alternatives to Detention" unit. But when FOX 13 News spoke to them the night before, they didn’t know what was going to happen.
“We have received this notice, like a month ago, and then we were just trying to do something to just not get detained, and then we have done a lot to just make the process easier, but it's not working,” Emran said.
He said it’s the reality of how much uncertainty is going on in the immigration system.
“I have my family here... my mom… she’s been crying every day. We cannot do anything about it. I just always calm her that it's going to be fine. But she's my mom, she doesn't believe,” Emran said.
On Tuesday morning at their check-in, both brothers were detained by ICE, specifically by officers in charge of the ATD unit.
“They told the family that it was because they were not vetted appropriately at the border,” Crayk said. "You interview, you discuss, you issue notices to appear in court, and then you let them go. So I am confused how they weren't appropriately vetted.”
Crayk said they provided no other explanation for what other vetting needed to be done, and he thinks it’s because the current administration is cracking down on certain countries.
“We ran into that issue in the Capitol with the individual who was Afghan who was accused of shooting two members of the National Guard,” Crayk said. "President Trump, through the Department of Homeland Security, has placed a pause on any and all benefits or movement insofar as it relates to progressing cases that belong to Afghans."
Emran’s wife was with him when the detention happened.
“There was this glass mirror that was between us… They put them in the handcuffs, they treated them like they were criminals of some sort, which was not very pleasant thing to watch,” she said. "I asked the ICE officer if I can hug my husband for the last time, and they let me do that. I was just in shock.”
Crayk said they have filed a habeas petition along with an emergency temporary restraining order.
They’ll have a hearing at the federal court on Thursday.
FOX 13 News reached out to ICE to ask for the reason behind the brothers' detention but did not receive a response.
