NEW YORK — A federal judge Tuesday issued a temporary restraining order preventing the Trump administration from proceeding with deportation flights carrying Afghan nationals to Afghanistan or Pakistan through Nov. 7, following concerns that dozens of detained immigrants, including relatives of people who assisted U.S. military forces, could face removal to Taliban-controlled Afghanistan.
U.S. District Judge Valerie Caproni of the Southern District of New York issued the order Nov. 3 after government attorneys represented that Immigration and Customs Enforcement had no planned or confirmed flights to either country through the end of the week.
The order requires the administration to comply with those representations and remains in effect until 11:59 p.m. Saturday, Nov. 7, unless the court extends or dissolves it.
The ruling came in response to a lawsuit filed Nov. 2 by Project Rousseau Inc., an organization representing Afghan nationals facing possible deportation.
The organization sought to prevent the removal of its clients to Afghanistan or Pakistan while litigation over their potential deportations continued.
According to ABC News, a Justice Department filing indicated that dozens of Afghan immigrants could face deportation, potentially including relatives of individuals who previously assisted American military personnel.
The Associated Press reported that court documents described potential plans to transport Afghan nationals detained in Louisiana to Pakistan.
Immigration advocates warned that transferring Afghan nationals through Pakistan could ultimately result in their return to Afghanistan, where some could face persecution or retaliation under Taliban rule.
During a Nov. 3 court conference, government attorneys told Caproni they had consulted Christopher George, deputy assistant director for enforcement and removal operations at ICE.
According to the court’s order, George represented that the agency had no planned or confirmed chartered or commercial flights to deport Afghan nationals to Afghanistan or Pakistan through the end of the week.
George also explained that arranging either chartered or commercial deportation flights typically requires several weeks of preparation.
Based on those representations, the court determined that the government had effectively committed not to carry out the removals during the specified period.
The administration consented to the temporary restraining order requiring compliance with those commitments.
The proposed removals have raised concerns among immigration attorneys, veterans’ organizations and refugee advocates about the safety of Afghan nationals who fled the country following the Taliban’s return to power in August 2021.
The Associated Press reported that more than 80 detained Afghans had contacted attorneys and advocacy organizations after receiving indications that they could be deported through Pakistan.
Those potentially affected included women, religious minorities, a former police officer and people whose relatives had assisted American military forces.
Advocates said many of the detained individuals lacked legal representation, raising concerns about their ability to challenge removal before being transferred to another country.
Human Rights First and AfghanEvac warned that individuals returned to Afghanistan could face serious risks, particularly those with connections to the former Afghan government, U.S. military operations or groups targeted by the Taliban.
Savitri Arvey, director of policy for refugee and immigrant rights at Human Rights First, told the Associated Press that deportees could face arbitrary detention, executions, public punishment and retaliatory violence.
Advocates also pointed to restrictions imposed on women and girls under Taliban rule, including limitations on education, employment and public participation.
The potential deportations prompted objections from members of Congress.
Rep. Scott Peters, D-Calif., led a letter signed by 65 additional lawmakers expressing concern about the consequences of returning vulnerable Afghan nationals to Afghanistan.
The letter, addressed to Secretary of State Marco Rubio and Homeland Security Secretary Markwayne Mullin, warned that deportations could expose individuals to persecution, torture or death.
During a Tuesday news conference, Peters argued that the United States had made commitments to Afghans who assisted American forces during the war.
He said returning those individuals to Taliban-controlled Afghanistan would violate those commitments.
The proposed use of Pakistan as a destination also drew objections from Afghanistan’s Foreign Ministry.
According to the Associated Press, Deputy Foreign Ministry spokesperson Zia Ahmad Takal objected to third countries making arrangements affecting Afghan citizens without the involvement of Afghan authorities.
Shawn VanDiver, president of AfghanEvac, welcomed the court’s intervention but emphasized that the order provided only temporary protection.
“This is a reprieve, not a resolution,” VanDiver told ABC News.
VanDiver credited veterans, immigration advocates, members of Congress and members of the public with pressing the administration to halt the anticipated removals.
In a statement to ABC News, an ICE spokesperson declined to discuss prospective deportation operations, including flight schedules, destinations and individual immigration cases.
The court’s order does not determine whether the affected Afghan nationals are legally entitled to remain in the United States or whether their removal would violate federal immigration law.
Instead, it temporarily binds the government to its representations that no deportation flights to Afghanistan or Pakistan were planned or confirmed during the specified period.
Caproni also directed government attorneys to provide copies of the order to George, an appropriate State Department representative and other relevant Department of Homeland Security officials.
The court required the government to respond to Project Rousseau’s motion by Thursday, Nov. 5, at 9 a.m. Eastern time.
The temporary restraining order is scheduled to expire Saturday, Nov. 7, at 11:59 p.m., unless Caproni orders an extension or other relief.
To comment please go to one of these social media platforms:
Facebook: https://www.facebook.com/DavisVanguard
LinkedIn: https://www.linkedin.com/company/peoples-vanguard-of-davis-inc/
Instagram: https://www.instagram.com/davisvanguard/
X: https://x.com/davisvanguard
Bluesky: https://bsky.app/profile/vanguardnewsgroup.bsky.social
Subscribe to the Vanguard News letters. To make a tax-deductible donation, please visit davisvanguard.org/donate or give directly through ActBlue. Your support will ensure that the vital work of the Vanguard continues.
