Army Rangers killed her parents. A Marine is raising her in America. But her Afghan family says she was taken under false pretenses.

At present, R. is three years old. It has been more than a year since Jane and John Doe last saw her.

"We're unsure if she remembers us or has forgotten us," Jane confided. No one is there to converse with R. in Pashto, and no one is guiding her in Muslim prayers. Has her preference for rice and tomatoes endured? Does the sound of an airplane still evoke fear in her?

Sign the petition to have her returned to her relatives living in Texas.

At every step of his journey, Mast portrayed R.’s parents and John Doe’s family as a dangerous people, driven by religious ideology, who traffic young children and transform them into terrorists, who seek to gain what they want by murdering and lying. Despite having no evidence that her relatives or parents were terrorists. Mast has changed the baby's religion and name; stripping her of her culture and identity.

From the Does’ perspective, Mast is an officer of a military that has killed their countrymen, women, children, with impunity over the last 20 years, who was driven by his own moral compass and abducted their daughter, removing her from a loving family and forcing a religion upon her that is not her own.

In September 2019, a US Army Rangers team and partner forces conducted a mission in Afghanistan to capture or eliminate foreign fighters linked to Al Qaeda. A confrontation ensued, resulting in a man detonating a suicide vest, a woman being killed, and an injured infant girl found at the scene. The baby, referred to as "L.," was eventually taken to a US military base for medical treatment. Marine Captain Joshua Mast, part of an interagency group assessing civilian casualties, developed a strong attachment to the child. He believed she would be at risk of trafficking or forced into child soldiering if left in Afghanistan and sought help for her adoption.

Mast reached out to Vice President Mike Pence's office, contacted attorney Kimberley Motley, and engaged in efforts to bring the baby to the US. Concerned American service members at the military base also wanted her evacuated for proper medical care. However, the legal process for adoption was uncertain due to Afghan guardianship rules and international protocols. Despite this, Mast persisted in his efforts.

He and his wife, Stephanie, initiated legal action in their home state of Virginia, arguing that L.'s parents were foreign fighters, making her exempt from Afghan law. With the assistance of Joshua's brother, an attorney affiliated with a conservative Christian legal aid group, they pursued custody of the baby. In November 2019, a Virginia state judge approved an interim adoption order for the Masts, marking the first step toward formal adoption. The adopted parents were listed as Joshua and Stephanie Mast.

 

Over the span of three years, the case of Baby L. evolved into a complex legal battle involving her adoption, allegations of an international child abduction scheme in federal court, and investigations by state and federal agencies. Despite objections from the U.S. government, an American Christian man, Joshua Mast, managed to gain custody of a Muslim child from Afghanistan, a country where non-Muslim adoptions are not permitted.

Investigative efforts have revealed that while various parties were involved, the system functioned as intended. The evangelical Christian network supporting Mast, Afghan officials adhering to government protocols, State Department officials at Bagram attempting to prevent her evacuation, and American government agencies following the court order listing Mast as the child's father all played their roles. Two primary questions framed discussions about the child's fate: whether her parents were Afghan or foreign insurgents, and whether the United States should have the authority to determine the future of a child from a distant country. This sovereignty issue had been a long-standing concern during the U.S.'s 20-year occupation of Afghanistan, which became more complex with the fall of Kabul.

Afghanistan hadn't ratified the Hague Convention on international adoption, and it had its own guardianship system that typically placed a child with relatives or decided through court who the new family should be. Despite American interest, very few Afghan children had been adopted by U.S. families since 2001.

In contrast, Mast and his brother moved swiftly. In November 2019, they convinced a Virginia family court that the child in Afghanistan was stateless and had no family. The court noted that the Afghan government intended to waive its authority, a promise to be formalized soon.

Text exchanges obtained through Freedom of Information Act requests revealed discussions among Judge Moore, Allyson Tysinger from the Virginia attorney general’s office, and Richard Mast, suggesting awareness of the exceptional legal and moral complexity. A certificate of foreign birth was issued, establishing a legal identity for Baby L., and a court order allowing adoption by the Masts followed.

The success of the Masts rested on certain assumptions: that those killed overseas are terrorists, Islam is dangerous, courts are just, and prosperity equates to morality. Throughout the process, no one seriously considered the possibility that the child might have a family who could care for her. Despite rumors, Baby L. did have relatives, and they were eventually located.

The story of Baby L. underscores the complexities of a child rescued by Americans in a conflict they contributed to creating. It highlights the narratives we construct about the two decades spent in Afghanistan and the implications of a collapse of rule of law that allowed this situation to unfold, not in Afghanistan but in America.

 

In recent years, the welfare of orphans in Afghanistan was overseen by the Ministry of Labor and Social Affairs. In 2019, when Baby L.'s case emerged, the ministry was led by Syed Anwar Sadat. An Afghan man from the village where the raid took place had reported a missing baby to local authorities. The Americans were caring for the infant, claiming her parents were foreign insurgent fighters. President Ashraf Ghani was informed of the situation, amidst peace talks and an election dispute.

Ghani was open to allowing the baby to be adopted by Americans, but he wanted the ministry to first search for her family. An investigation by Afghan authorities and the Red Cross located two direct relatives: the baby's maternal and paternal uncles. Both relatives were Afghan and wanted to care for her. The State Department reviewed the findings, and on January 5, 2020, expressed willingness to transfer custody of the baby to Afghan authorities. An Afghan court decided she would be placed with her paternal uncle, and a transfer date was set.

Meanwhile, Joshua Mast and his brother Richard were working relentlessly to bring the baby to the United States. They enlisted the help of American allies, including influential figures like Jerry Falwell Jr. and Senator Ted Cruz's staff. They appealed to the Trump administration and legal experts, trying to counter the Afghan transfer plans. The Masts continued to argue that the Afghan uncle was not a valid relative and believed that demonic forces were at play.

Despite the legal efforts, a federal judge ruled against the Masts, stating that an individual couldn't dictate foreign policy. On February 27, 2020, Afghan officials arrived at Bagram to take custody of the baby. The transfer was met with mixed emotions from U.S. military personnel.

In Afghanistan, the baby's uncle decided that a young couple, later named John and Jane Doe in a federal suit, would serve as her parents. The Does genuinely loved the baby and cared for her. Motley, an American lawyer, facilitated communication between the Does and Mast. Motley had provided support in various ways, believing it was in the baby's best interest. Despite Mast's legal claims, Motley helped him stay informed about the baby's well-being.

The Masts pursued legal adoption proceedings in Virginia, asserting that Baby L. remained orphaned and stateless. In December 2020, Judge Moore granted them permanent adoption, recognizing them as suitable parents. Around mid-2021, Motley introduced the Does to Mast, who began urging them to come to the United States with the baby. Although the Does were cautious about Mast, they trusted Ahmad Osmani, who was introduced by Mast as his associate.

As the situation in Afghanistan deteriorated in August 2021, with the Taliban rapidly taking over major cities, the Does found themselves amidst the conflict. The front lines reached their doorstep, and they heard gunfire as the Taliban gained control of Kabul and the entire country.

As chaos unfolded in Kabul and Afghans desperately sought to evacuate, Mast and Osmani urgently contacted the Does, urging them to leave Afghanistan immediately. They were told it was their last chance to catch a plane. Mast mentioned that a group of former Marines, described as Christians, were ready to assist with their evacuation, even providing money to Afghan guards at the airport.

On August 22, the Does hurriedly left their home, packed their belongings, and embarked on a journey towards Kabul, guided by Mast and Osmani's instructions. They were instructed to delete their text conversations, but Jane Doe resisted, suspecting that their phones wouldn't be inspected by the Taliban.

Upon reaching Kabul, Mast and Osmani provided further instructions via WhatsApp. The Does, accompanied by Osmani's siblings, navigated the turmoil at the airport, eventually being picked up and guided through by an American military officer who recognized them by Jane's pregnancy. They were flown to Qatar, where they awaited Mast's directions.

Jane was shocked to discover that Mast was associated with the American military. Their confusion and apprehension increased when they arrived at Ramstein Air Base in Germany and found both Joshua and Stephanie Mast waiting for them. The Masts proposed taking the baby to the United States, highlighting the benefits of medical treatment and education. Despite their assurances, the Does were resistant, adamant that they didn't need money.

Amidst emotional conversations, Stephanie tried to console Jane, implying that coming to the US would allow her to forget her past life. However, Jane vehemently rejected this notion. In the midst of discussions, John tore off the bracelet they were required to wear on the base, expressing their intention to return to Afghanistan.

Mast called Osmani and tried to clarify their intentions, invoking religious figures to gain trust. Eventually, the Masts left the Does, flying back to the United States alone. Jane recalled an unsettling remark from Osmani's sister about the impending separation of R.

The Does arrived at Dulles International Airport in the US on August 29, accompanied by Mast and another woman who took Osmani's siblings away. Mast seemed angry and preoccupied during their interactions. The Does were led to a resting area at the airport, where Mast handed John a black bag and went into a room with officers. When he returned, his demeanor was notably tense.

Later that night, the Does settled into beds at the airport hangar, feeling uneasy about the events that had transpired. During passport control, an officer asked for R.'s identification, to which Mast unexpectedly presented a passport with the name "L. Mast," featuring a photoshopped image of the baby, implying that they had already made arrangements for her in the US.

Following the downfall of the Afghan government with U.S. support, numerous Afghan refugees sought refuge in the United States, finding shelter on military bases. Among these arrivals, the focus is on the Does, an Afghan couple who fled along with their infant daughter, R., to Fort Pickett in Virginia. With the assistance of an American named Joshua Mast, the Does' baby, R., is taken into the Mast family's care without the Does' permission. The article examines the challenges stemming from bureaucracy, legal intricacies, and moral quandaries that the Does confront as they strive to regain custody of their child.

Upon their arrival at Fort Pickett, the Does are confronted with a shocking and distressing reality: their daughter R. has been separated from them. Despite their protests, legal documents assert that R. is now part of an American family. The Does make frantic attempts to seek assistance from various organizations and individuals, but their endeavors appear futile. Mast, who initially offered help, becomes uncommunicative, leaving the Does bewildered and devastated.

The account also delves into the circumstances encompassing R.'s adoption. A key question emerges regarding whether R.'s parents were Afghan civilians or foreign combatants. A military operation in Afghanistan led to the unintended loss of innocent lives, including R.'s mother. Mast, who had a role in the operation, had seen initial reports of the incident but was unaware of subsequent findings that disclosed the woman who was killed was unarmed.

The narrative casts a spotlight on the intricate aspects of war, displacement, adoption, and the hurdles that refugees encounter while navigating a foreign country's legal framework. The heartrending struggle of the Does to reunite with their daughter stands as a poignant illustration of the human repercussions resulting from political and administrative choices.

"If I had known that the child's parents were alive or if relatives were interested, I would have taken the matter to court."

A report about the operation in September, which I acquired, was provided by Afghanistan's former National Directorate of Security. The report mentioned casualties involving both "foreign nationals and domestic Taliban." In contrast to the United States, the Afghan agency seemed to believe that not all who died were foreigners. It was also unclear whether the Afghans killed were indeed Taliban fighters. A former N.D.S. official informed me that the agency had gathered intelligence for months before the raid, but the sources were not from the district and did not return after the operation to confirm the identities of the deceased.

R.'s maternal uncle, who lived near his sister and watched her children grow, was one of the men who retrieved bodies from the rubble, including those of his nieces and nephews. He informed me over the phone that they had accounted for everyone except the baby, who couldn't be found. Days later, they learned that the baby was with the Americans, prompting the uncle to approach local authorities.

Najibullah Akhlaqi, former director of child protection at the Ministry of Labor and Social Affairs, responsible for locating and vetting R.'s family members, mentioned that the ministry initially assumed R.'s family were foreigners based on information from the Americans. However, this suspicion was dispelled by the end of the inquiry. Other former Afghan government officials familiar with the case confirmed that they had no reason to doubt R.'s Afghan parentage.

R. had surviving siblings who were present during the attack. Her 9-year-old brother recounted hearing explosions and gunfire while he and his siblings were asleep. His parents were in another room with the baby. Amidst the chaos, he remembered his parents yelling to take cover.

In court documents, Mast claimed that R.'s "likely biological father detonated a suicide vest," but conflicting accounts emerged about the identity of the person in the vest. R.'s maternal uncle mentioned that her father was found with intact clothes, contrary to the suicide vest claim. Mast also stated in the filings that R.'s mother sustained "multiple gunshot wounds" while "reportedly resisting," leaving questions about her actions during the incident.

The Masts' court filings imply that the Does' claim over R. is a collaboration between two separate families — the purported maternal and paternal uncles from different provinces — to deceive the Red Cross and the American and Afghan governments. This puzzled former Afghan officials, who saw no motive for the family to falsely claim the baby, considering their own losses and hardships.

I later showed John Doe photos of the village I had collected. He recounted memories of foreign armies descending with tanks and planes, causing widespread destruction and loss of life. "Every family has a story of someone killed," he remarked.

Mast, Motley, and other Americans at Bagram believed that R. would face grave danger if she remained in Afghanistan. Yet, images and videos of her depicted a joyful and healthy child. The Masts highlighted a significant threat to R.'s safety due to the ongoing war, a risk even to content families, as John Doe pointed out. In court, Richard Mast stated, "She’s going to die because the U.S. is going to kill whoever she’s with."

A legal battle ensued as the Does waited at Fort Pickett, hoping for R.'s return. Eventually, they decided to resettle in Texas, and their interactions with the F.B.I. led them to immigration and adoption lawyers. Despite ethical concerns, an adoption lawyer in Virginia supported the Masts' adoption, guided by limited information. A petition was later filed to challenge the adoption order, revealing discrepancies in the interpreter's background. Efforts to contact him and his lawyer yielded no substantial responses.

During hearings to vacate the adoption order, the Masts chose to share their version of the story, emphasizing their rescue of a child from Afghanistan. The hearings took place in a Virginia courthouse before the same judge who initially approved the adoption.

 

The Does have provided testimony and submitted documents originating from sources such as the Afghan government, the Red Cross, and Bagram. Once I located Sadat, the former head of the Ministry of Labor and Social Affairs, for this article, the lawyers representing the Does requested his testimony to verify the legitimacy of the Afghan government records. The Does have not encountered any records of the court proceedings that sanctioned the Masts' custody of the child.

The verdict in the Virginia case is likely to be reached this month, before Judge Moore's planned retirement. Any ruling will probably be subject to appeal by the party that doesn't prevail. The court has assigned a new guardian ad litem for these proceedings, despite the fact that the central issues concern whether Mast's adoption of the child involved deception and whether the court had the jurisdiction to approve said adoption—rather than the question of who should have custody of the child.

A minimum of one U.S. Army Ranger who took part in the 2019 operation has given testimony about his memory of that night, in support of Mast's position. However, the U.S. government has officially become involved in the case and submitted a Statement of Interest at the end of August, outlining its stance on the matter; this statement is currently confidential.

 

At each stage of his journey, Mast depicted R.’s parents and John Doe’s family as dangerous individuals driven by religious beliefs. He portrayed them as people who engage in child trafficking and manipulate youngsters into becoming terrorists, resorting to violence and deception to achieve their objectives. However, from the standpoint of the Does, Mast belongs to a military force that has caused the deaths of their fellow countrymen, including women and children, without facing consequences over the past two decades. In their view, Mast acted based on his own moral compass and seized their daughter, separating her from her affectionate family and imposing a religion on her that isn't her own.

At present, R. is three years old. It has been more than a year since Jane and John Doe last saw her. Inside their apartment's bedroom, a table showcases toys belonging to both girls, resembling a shrine. Colorful unused plastic cups bear the girls' names. A toy piano rests beside a stuffed teddy bear with care. Jane revealed two identical unworn white dresses adorned with pearls and tulle. "We're unsure if she remembers us or has forgotten us," Jane confided. No one is there to converse with R. in Pashto, and no one is guiding her in Muslim prayers. Has her preference for rice and tomatoes endured? Does the sound of an airplane still evoke fear in her?

In Texas, a couple gathers dresses and preserves them, awaiting the child destined to wear them. In North Carolina, unfamiliar faces smile at a young girl, encouraging her to sound out foreign words. Seven thousand miles away, within a small mountain village along a dirt path's edge, lie seven graves. Stones and curved tree branches mark them, each adorned with a piece of white cloth. Among these graves, two hold the remains of parents who once had a baby girl.

Source: New York Times, Rozina Ali

https://www.nytimes.com/2022/11/10/magazine/afghanistan-orphan-baby-l.html