A federal judge in New York temporarily blocked the Trump administration’s plans to deport Afghans detained in the United States to Afghanistan or Pakistan on Tuesday (November 3, 2026), after advocates and dozens of members of Congress warned that their lives would be at risk.
The government told the court on Tuesday (November 3, 2026) that Immigration and Customs Enforcement (ICE) had no chartered or commercial flights to deport Afghan nationals to Afghanistan or Pakistan at least until the end of the week. Judge Valerie Caproni’s order, which expires on Saturday (November 7, 2026), directs officials to adhere to that statement. ICE books deportation flights weeks in advance.
A letter led by California Democratic Representative Scott Peters and signed by 65 other members of the House and Senate said they were “extremely concerned that sending vulnerable people” would expose them to “persecution, torture, or even death”. The letter was sent on Monday (November 2, 2026) to Secretary of State Marco Rubio and Homeland Security Secretary Markwayne Mullin.
Immigrant rights organisations have also warned that those deported could face retaliation from the Taliban.
Thousands of Afghans fled persecution and feared for their lives after helping the U.S. military and aid groups in Afghanistan.
According to court documents obtained by the Associated Press, the U.S. planned to deport Afghan immigrants on Monday on flights from Louisiana, where ICE has detention and processing facilities, to Pakistan.
President Donald Trump’s administration has deported thousands of immigrants to countries other than their own. In some cases, it has used third-country deportations when removal to a person’s country of origin was not possible, including when formal diplomatic relations were absent, as is the case with Afghanistan’s Taliban government. In other instances, third-country deportations have been used as a deterrent.
Advocates and attorneys said more than 80 detained Afghans had contacted them after ICE notified them that they could be deported this week via Pakistan. They include women, a police officer, members of religious minorities and people whose family members served in the U.S. military. Most fled Afghanistan because of persecution and do not have legal representation, according to Human Rights First and AfghanEvac, a nonprofit organisation that advocates for immigrants.
Before the judge signed her order, Zia Ahmad Takal, deputy spokesman for Afghanistan’s foreign ministry, said “the Islamic Emirate of Afghanistan expresses its serious concern” about reports that the U.S. planned to transfer Afghans to Pakistan.
Mr. Takal called on the U.S. to ensure that decisions or actions were based on the rights and “legitimate demands” of those involved. He said “third-party countries should not engage in dealings concerning the fate of another nation’s citizens”.
“Today is a good day,” Shawn VanDiver, president of AfghanEvac, said at a news conference. “But I want to be honest with you, this is a reprieve, not a resolution. We haven’t stopped this fight forever. This is just a pause.”
Savitri Arvey, director of policy, refugee and immigrant rights for Human Rights First, said people returned to Afghanistan “face grave, systematic dangers”, including arbitrary detention, executions, public flogging and retaliatory violence.
“The stakes were very, very high,” she said, noting that women and girls faced severe restrictions in Afghanistan, including systematic denials of education, employment and public speech.
Advocates expressed concern about the role of the Pakistani government in facilitating returns to Afghanistan and the lack of information about arrangements made between the U.S. and Pakistan.
“We celebrate today, but we’re getting right back to work tomorrow, continuing to make sure through our flight tracking that none of these flights are taking off,” Ms. Arvey said.
Abdul Qahar Afghan contributed from Jalalabad, Afghanistan.
Published – November 04, 2026 11:03 pm IST
