By Haley Britzky, CNN
(CNN) — When Said Noor, a US Army veteran, picked up a phone call on December 2, he immediately knew something was wrong.
His brother Lal was in Laredo, Texas, several hours west of their home in Austin, nervously explaining that the commercial truck he drove had been stopped at a Customs and Border Protection checkpoint.
When the agents asked if he was a US citizen, Lal, 28, answered honestly: He isn’t. He, his mother and five of his brothers and sisters had fled Afghanistan in the wake of the US’ military withdrawal, and he is currently awaiting a decision on an asylum claim he submitted years ago.
As Said stayed on the line with his younger brother, Said could hear someone aggressively demanding to know who Lal had called and why. Said told Lal to provide whatever the officials needed so he could go, but his brother sounded worried, so Said told him to pass the phone to the agent.
He tried to calm the agent down, he told CNN.
“I told him ‘sir, let’s just talk to each other as adults, right?’ I was like, ‘you’re an officer and you took an oath to defend the Constitution.’ I said, ‘I have done the same thing, I was in the Army, I’m a veteran right now,’” he said.
That seemed to defuse the situation somewhat, Said recalled, but the man kept repeating that Lal is “not allowed to be here” in the US. Said tried to explain that Lal, who is married to a US citizen, was brought to the US legally through the US military’s evacuation of Afghanistan, an effort largely aimed at protecting families like his who had worked with American troops and faced threats from the Taliban. He tried to explain Lal’s pending asylum case, the legal process through which Lal was trying to gain permanent status in the US along with 80,000 other Afghan nationals who fled the country and have similarly looked to create new homes in America.
But soon the phone was handed to a second agent. He was told that they were working to verify Lal’s status.
Afghan asylum cases had received bipartisan support until a sharp shift in tone after an Afghan refugee shot two members of the National Guard in Washington, DC in November days before Lal was stopped at the checkpoint.
Hours passed, with Said continuing to communicate with his brother while the agents waited for a response from the Department of Homeland Security. But then the communication stopped. Said could still see Lal’s location on the app Life360, but he couldn’t get in touch with him, and when he called a nearby border patrol station, no one seemed to be able to find him.
For two days, Said told CNN he couldn’t find his brother — he called several border checkpoints but found himself trapped in a cycle of transferred calls.
One officer even told Said to call the Afghan embassy; when he explained there was no Afghan embassy in the US because the Taliban was in control of the country, the officer said to call the Taliban, the same group that Said told CNN had detonated a bomb just outside of his family’s home in 2020, killing several people, in retaliation for his work with US troops.
Finally, Said found Lal – he was being held at the Immigration and Customs Enforcement-run Webb County Detention Facility.
“I came to America a legal way,” Lal told CNN from the detention facility in Laredo during a January interview, saying he and his family just want the chance to “live a good life.”
Department of Homeland Security spokesperson Tricia McLaughlin confirmed Lal was detained on December 1, after he’d been referred for secondary inspection at a border patrol point of entry. McLaughlin called Lal a “criminal illegal alien” whose “criminal history includes previous arrests for assault and damage to property.”
Court documents shared by Lal’s family, however, show that a charge of “criminal mischief” against Lal, brought in 2023, was di