Deportation Plan: Judge Pauses Removal of Detained Afghans
A temporary court order halts ICE flights to Pakistan for over 80 detained Afghans, citing risks of persecution and lack of direct commercial routes.
By Nikolai Morales ·
Detained Afghans in the United States will not be removed from the country this week after a federal judge issued a temporary halt to the administration's deportation plan. The order, signed by U.S. District Judge Valerie Caproni in New York, takes effect immediately and expires on Saturday. It prevents Immigration and Customs Enforcement from sending Afghan nationals to Afghanistan or Pakistan via chartered or commercial flights.
The government informed the court on Tuesday that ICE had no secured flights for these removals at least through the end of the week. The judge's directive requires all officials to comply with that status quo. Since ICE typically books such flights weeks in advance, the lack of immediate transport provides a short-term pause for those in detention.
The legal intervention follows warnings from lawmakers and advocacy groups that sending these individuals back would place them in danger. A letter sent on Monday to Secretary of State Marco Rubio and Homeland Security Secretary Markwayne Mullin was signed by 65 members of Congress, including California Representative Scott Peters. The letter stated that the group was extremely concerned that sending vulnerable people would expose them to persecution, torture, or even death.
Court documents indicate the U.S. originally planned to deport Afghan immigrants on Monday. The flights were to depart from Louisiana, where ICE maintains immigrant detention and processing facilities, with Pakistan as the destination. More than 80 detained Afghans contacted attorneys and advocates after receiving notification that they could be deported this week. These individuals include women, a police officer, members of religious minorities, and people with family members who served in the U.S. military. Most fled Afghanistan due to persecution and lack legal representation, according to Human Rights First and the nonprofit AfghanEvac.
The Trump administration has previously deported thousands of immigrants to countries other than their own. These third-country removals occur when formal diplomatic relations with the country of origin are absent, as is the case with Afghanistan's Taliban government. Advocates argue that returning to a third country like Pakistan increases the risk of retaliation from the Taliban, who may target those who previously assisted U.S. forces or aid groups.
Afghanistan's foreign ministry expressed serious concern about the planned transfers. Zia Ahmad Takal, the deputy spokesman, called on the U.S. to ensure decisions are based on the legitimate demands of those involved. He stated that third-party countries should not engage in dealings concerning the fate of another nation's citizens.
Shawn VanDiver, president of AfghanEvac, described the court's order as a reprieve rather than a resolution. He noted that the group has not stopped the fight forever but has secured a pause. Savitri Arvey, director of policy at Human Rights First, highlighted that individuals returned to Afghanistan face grave systematic dangers, including arbitrary detentions and executions. Arvey stated that the organization will continue flight tracking to ensure no unauthorized removals take off.
