This was only a temporary reprieve, but the administration’s plans to use Pakistan as a transit hub to deport Afghans to Afghanistan have been reported, The Good Men Project reported.
Federal judges have issued several temporary orders to block the Trump administration from deporting more than 150 Afghan nationals, amid fears that a plan to route them through Pakistan would expose them to Taliban persecution.
The legal challenges center on a proposed operation to fly detainees from the United States to Pakistan for onward transfer to Afghanistan. Advocacy groups and lawmakers argue this practice constitutes “refoulement,” a violation of international law that forces refugees back to countries where their lives are at risk.
Judges block immediate removals
In New York, U.S. District Judge Victor Marrero issued an order barring the administration from deporting five specific Afghan nationals to Pakistan, Afghanistan, or any other third country. The order, which follows a lawsuit by the nonprofit Project Rousseau, Inc., requires the government to provide notice of any future deportation plans no later than one week before any such deportation, according to Social News XYZ.
The five individuals identified in the lawsuit are Mahboba Baqeri, Mohammad Amir Hassani, Mohammad Sarwar Khudadad, Riza Ataye, and Sakina Beegzad. According to Social News XYZ, each individual has a final order of removal and is being held in facilities located in Louisiana or Texas.
Project Rousseau, Inc. filed the suit on November 2, naming Acting Immigration and Customs Enforcement Director David J. Venturella, Homeland Security Secretary Markwayne Mullin, Attorney General Todd Blanche, and Secretary of State Marco Rubio as defendants in their official capacities.
Judge Marrero said that the litigation concerns the specific procedures the government must follow when it chooses to remove a person to a country not identified in the original removal order. Social News XYZ reported that the order preserves the status quo for the identified individuals while legal briefings proceed. Marrero rejected arguments from the government that immigration statutes stripped the court of jurisdiction.
On November 3, a temporary restraining order was issued by Southern District of New York District Judge Valerie Caproni, which halted deportations until November 7. The order followed government attorneys’ confirmations that no flights were scheduled by the end of that week.
Pakistan transit controversy
The administration’s strategy involves using Pakistan as a transit hub. However, reports indicate complications in the plan. India Today reported that a small private charter jet with a capacity of 17 passengers turned back on a Tuesday without a detailed explanation from the U.S. or Pakistan.
This followed an incident on November 8, where at least eight Iranians boarded another aircraft in Arizona for deportation through Georgia and Pakistan, a flight that was also cancelled without explanation, according to the Associated Press.
Sajjad Haider Khan, spokesperson for Pakistan’s Ministry of Foreign Affairs, stated in a press briefing that the proposal is under review. On November 6, Khan said that Islamabad was considering the American proposal.
The Chenab Times said that legal experts and human rights organizations maintain such practices violate the principle of non-refoulement.
Risks to Afghan allies
The potential deportees include individuals who served alongside U.S. military and aid groups during the 20-year war in Afghanistan. The Good Men Project reported that since the start of the second Trump term in January 2025, the administration has suspended many refugee programs and visa pipelines.
Human Rights First stated in an October 29 news release that such deportations would represent the first large-scale U.S. flight of Afghans “into the hands of the Taliban.”
“These are folks who served alongside of Americans, have become Americans have believed in the idea of America,” KCRA reported Shawn Vandiver, president and founder of Afghan Evac, saying. Vandiver said that these individuals provided service to the United States or coalition forces, or are family members of those who did.
The United States plans to deport more than 150 Afghan immigrants, many of whom fled after the Taliban takeover in 2021, according to a US official and a coalition of veterans and advocacy groups. Some deportees reportedly have family ties to Afghans who worked with US forces.… https://t.co/5koT6zKG8l
Nesar Ahamad, a member of the Afghan American Alliance and former interpreter for American troops, expressed fear that anyone on the flight could be him. He told KCRA that being sent back would mean being sent “literally to the hand of the people that they fought against helping American missions.”
Rep. Doris Matsui expressed concern that the list of individuals targeted for removal includes people who lost their protections due to recent policy shifts. KCRA reported Matsui said, “Some are on that list because this administration made the shameful choice to take away their protected status.”
Lawmakers have also voiced opposition. Congressman George Latimer said that deporting these allies would subject them to “cruelty, persecution, and even death.” A joint letter was sent by Scott Peters and dozens of other lawmakers to Secretary of State Marco Rubio and Secretary of Homeland Security Markwayne Mullin demanding that the deportation of Afghans be halted.
The Afghan Advocacy Organization has launched a campaign in Washington, D.C., to prevent these removals. Ariana News Agency reported the campaign included approximately 100 participants, including former American military personnel.
The group’s primary goal is to lobby Congress for the passage of Temporary Protected Status (TPS) for eligible Afghans. Advocacy organizations for migrant rights have emphasized that the United States should legally grant green cards to more than 100,000 Afghans relocated since 2021.
While court orders have provided temporary relief, Immigration and Customs Enforcement (ICE) has set a new deportation date for November 16, Ariana News Agency reported. One court filing indicated the U.S. government planned to proceed with deportation flights as soon as that date.
US plans to deport Afghans back to their home country via Pakistan The administration of US President Donald Trump is planning to deport Afghan migrants detained in the United States to Afghanistan through Pakistan, The Associated Press reported on Sunday citing court documents.… pic.twitter.com/SaRYBBvKPy