Judge Blocks Deportation of Afghans to Afghanistan or Pakistan

A federal judge in New York temporarily blocked the Trump administration’s plan to deport detained Afghans to Afghanistan or Pakistan on November 3, 2026.

The government informed the court that Immigration and Customs Enforcement (ICE) had no chartered or commercial flights available for deportation to either country until the end of the week.

Judge Valerie Caproni’s order, set to expire on November 7, 2026, requires officials to follow the government’s statement about flight availability.

A letter led by California Democratic Representative Scott Peters, signed by 65 House and Senate members, expressed concern that deporting vulnerable Afghans could expose them to persecution, torture, or death.

Immigrant rights groups warned that those deported could face retaliation from the Taliban, citing the risks of returning to Afghanistan.

Thousands of Afghans fled persecution and feared for their lives after working with U.S. military and aid groups in the country.

Court documents revealed the U.S. planned to deport Afghan immigrants from Louisiana to Pakistan on Monday, with ICE having detention and processing facilities there.

Advocates and attorneys noted over 80 detained Afghans contacted them after being informed of potential deportation via Pakistan, including women, a police officer, religious minorities, and individuals with family members who served in the U.S. military.

Before the judge issued her order, Afghanistan’s foreign ministry deputy spokesman Zia Ahmad Takal expressed serious concern about the U.S. plan to transfer Afghans to Pakistan.

Mr. Takal urged the U.S. to base its actions on the rights and legitimate demands of those involved, stating third-party countries should not interfere in the fate of another nation’s citizens.

Shawn VanDiver of AfghanEvac called the court’s decision a reprieve, not a resolution, emphasizing the ongoing fight against deportation.

Savitri Arvey of Human Rights First warned that returning to Afghanistan would expose people to grave dangers, including arbitrary detention, executions, and retaliatory violence.