Fertitta said Wasi Safi and his brother “are overjoyed to be reunited.”
Jennifer Cervantes, one of Wasi Safi's immigration attorneys, said there was no reason to keep him in custody, especially given that the FBI has already spoken to him and found no problems.
“He’s certainly not a danger to the United States. He’s done a lot of good service for the United States,” Cervantes said.
U.S. Rep. Sheila Jackson Lee, a Houston Democrat, belongs to a bipartisan group of lawmakers that has been working to free Wasi Safi. She said in a statement Tuesday night that she expects him to arrive in her hometown by Friday.
The Department of Homeland Security, which oversees Customs and Border Protection and ICE, has not responded to an email seeking comment Wednesday.
Sami-ullah Safi, Wasi Safi’s brother, was employed by the U.S. military for several years as a translator. Sami Safi said he is pleased the criminal case has been dropped but that he remains frustrated about how his sibling has been treated in light of his family's support for the U.S in Afghanistan.
“If we categorize my brother’s service, how many lives he has saved because of his service and how many lives I have saved because of my service being a combat translator?” Sami Safi said.
Wasi Safi's case was first reported by The Texas Tribune.
On his journey from Brazil to the U.S., Wasi Safi suffered serious injuries from beatings, including damaged front teeth and hearing loss in his right ear.
Fertitta said Wasi Safi's injuries were not sufficiently treated while he was detained but it's unclear how serious of a concern they have become.
“I’m going to have to wait to be advised by the medical personnel on that," Fertitta said.
The lawyers, lawmakers and military organizations that have been working to free Wasi Safi say his case highlights how America's chaotic military withdrawal continues to harm Afghan citizens who helped the U.S. but were left behind.
Nearly 76,000 Afghans who worked with American soldiers since 2001 as translators, interpreters and partners arrived in the U.S. on military planes after the U.S. withdrawal from Afghanistan. But their immigration status remains unclear after Congress failed to pass a proposed law, the Afghan Adjustment Act, that would have solidified their legal residency status.
Cervantes said Wasi Safi’s case is not unique and that other Afghans seeking asylum at the U.S.-Mexico border have also faced difficulty getting their cases properly reviewed. She said she hopes her work “sheds some light on that and (helps) these guys get what I think is the right thing to do, what I think is fair for them.”
Follow Juan A. Lozano on Twitter: twitter.com/juanlozano70