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Afghan refugee’s death in ICE’s custody prompts calls for answers

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An ICE agent monitors hundreds of asylum seekers being processed upon entering the Jacob K. Javits Federal Building on June 6, 2023 in New York City. New York City has provided sanctuary to over 46,000 asylum seekers since 2013, when the city passed a law prohibiting city agencies from cooperating with federal immigration enforcement agencies unless there is a warrant for the person’s arrest. | Getty Images/David Dee Delgado

U.S. Immigration and Customs Enforcement confirmed it is investigating the death of Mohammad Nazeer Paktiawal, an Afghan national who reportedly served alongside the U.S. military in Afghanistan. Paktiawal died this month at a Texas hospital after he was taken into custody by ICE.

In a Sunday statement, ICE said the 41-year-old had a criminal history and that his temporary legal status expired Aug. 20, 2025. The federal law enforcement agency says Paktiawal was arrested in September 2025 for SNAP fraud and in November 2025 for theft, though advocates dispute those allegations. 

On March 13, ICE arrested the Afghan national during a targeted enforcement action. The agency said that Paktiawal did not report any prior medical history at the time of his arrest or during subsequent immigration proceedings.

“In the late evening of March 13, ICE contacted Emergency Medical Services when Paktiawal began complaining of shortness of breath and chest pains while in an ICE Dallas Field Office processing hold room,” the agency stated. “He was immediately transported to Parkland Hospital and received breathing treatment. The ER doctor recommended that he remain in the hospital for observation.”

“Early March 14, Paktiawal was eating breakfast when medical staff noted that his tongue had become swollen, prompting a medical response,” ICE’s statement continued. “After multiple lifesaving efforts were attempted, he was declared deceased at 9:10 a.m.”

The agency said it notified Paktiawal’s next of kin and the Consulate of Afghanistan in Toronto, Canada, about his death on March 14. ICE also confirmed the death is under “active investigation.”

“ICE is committed to ensuring that all those in custody reside in safe, secure and humane environments. Comprehensive medical care is provided from the moment individuals arrive and throughout the entirety of their stay,” the agency said.

“All people in ICE custody receive medical, dental and mental health intake screenings within 12 hours of arriving at each detention facility; a full health assessment within 14 days of entering ICE custody or arrival at a facility; access to medical appointments; and 24-hour emergency care,” the statement continued. “At no time during detention is a detained alien denied emergency care.”

A DHS spokesperson told The Christian Post that opening an investigation is not an “indication of wrongdoing.”

“This is standard procedure for every illegal alien who dies in ICE custody,” the DHS spokesperson said. “Anytime an illegal alien dies in ICE custody, we immediately notify next of kin and then Congress. We conduct an investigation and share are findings with the public.”

Paktiawal is survived by his wife and six children. Paktiawal’s brother, Naseer Paktiawal, told CBS News that his brother was arrested in North Texas as he was taking his children to school.

Naseer Paktiawal said his brother had a pending immigration case and was hired by the U.S. government as a member of the Afghan special forces, describing him as “a hero to his family, to his people, and to his country.”

“I want justice for my brother,” Naseer Paktiawal said. “I don’t need anything else from this government.”

When Mohammad Nazeer Paktiawal arrived in the United States in 2021, he was paroled into the country by an immigration officer, according to ICE. His parole expired last August.

In a Monday statement, the U.S. Department of Homeland Security said Paktiawal entered the United States under the Biden administration’s Operation Allies Refuge, which oversaw the evacuation of more than 100,000 people from Afghanistan in August 2021 during the Taliban offensive.

DHS said Paktiawal provided no record of his military service.

Shawn VanDiver, president of the advocacy group #AfghanEvac, said the U.S. government’s statements about Paktiawal are “misleading” and called for an investigation.

“Precision matters when someone dies in government custody. Calling a man a criminal without a conviction while claiming there is ‘no record’ of service without checking interagency systems looks less like fact-finding and more like damage control,” VanDiver said in a Monday statement.

The advocate argued that ICE and DHS were wrong to describe Paktiawal as a “criminal illegal alien,” saying the agencies did not clarify whether the arrests resulted in charges or convictions.

VanDiver also questioned the “no military” record claim, saying DHS does not maintain those records. He added that the Department of Defense, the State Department and the Special Immigrant Visa and Chief of Mission processes would likely have such records.

“Right now, the government appears focused on discrediting a man who cannot defend himself while the central question remains unanswered,” the #AfghanEvac president said.

“His family deserves answers, and the public deserves transparency about what happened in the hours between his detention and his death,” he added. “If DHS spent as much time figuring out what happened in their custody as they are trying to discredit a dead man, we might already have answers for his family.”

Samantha Kamman is a reporter for The Christian Post. She can be reached at: [email protected]. Follow her on Twitter: @Samantha_Kamman





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