Judge Blocks Afghan Deportations Through Pakistan in US

A federal court has temporarily halted the Trump administration's planned removal of Afghan nationals through Pakistan, providing temporary relief to detainees facing possible return to Taliban-controlled Afghanistan. The order, issued by U.S. District Judge Valerie Caproni in New York on November 4, followed government assurances that no deportation flights were scheduled through the end of the week.

The proposed operation involved dozens of Afghans held in Immigration and Customs Enforcement (ICE) facilities in Louisiana. Earlier government estimates indicated that nearly 200 Afghan nationals could be affected, including relatives of people who assisted US military forces in Afghanistan.

According to ABC News, the temporary restraining order remains effective through Saturday. It requires the administration to honor its representations concerning the absence of planned or confirmed deportation flights to Afghanistan or Pakistan during the order's validity.

Government attorneys informed the court that ICE had no confirmed arrangements for the removals during that period.

"No planned or confirmed chartered or commercial flights" was the government's representation concerning deportations to Afghanistan or Pakistan, according to the statement presented to the court.

Judge Caproni directed the administration to maintain its commitment regarding flight arrangements.

"Comply with and adhere to the representations made by Deputy Assistant Director George through counsel for Defendants that there are no planned or confirmed chartered or commercial flights for the purposes of deporting Afghan nationals to Afghanistan or to Pakistan for the duration of this Temporary Restraining Order and that it takes weeks to make such arrangements," the written order stated.

The ruling followed growing opposition from advocacy organizations, lawmakers and families of detained Afghans. Shawn VanDiver, president of AfghanEvac, described the court decision as a temporary victory rather than a permanent solution.

"A week ago, there was a plane. Today, the government told a federal judge there isn't one. That didn't happen by accident.

Veterans, advocates, 66 members of Congress, and thousands of Americans got this flight stopped, and the court made sure it stays stopped this week. This is a reprieve, not a resolution," VanDiver said.

The proposed deportations have also drawn criticism from US lawmakers concerned about the country's obligations to Afghan allies.

"Our nation made a promise to stand by the Afghans who risked their lives and their family safety for us and for our safety, and sending them to the Taliban breaks that promise," Representative Scott Peters said.

An ICE spokesperson declined to discuss individual removal operations or flight arrangements.

"Comment on prospective removal operations, including flight schedules, passenger manifests, destinations, or individual case details," the spokesperson said, explaining the agency's position on operational information.

Earlier disclosures to CBS News revealed that the administration had considered transporting nearly 200 Afghan nationals to Pakistan before transferring them overland to Afghanistan. A US immigration enforcement official confirmed the proposed route in a sworn court declaration.

Sergio Aguilar, a supervisory detention and deportation officer at ICE, explained the destination arrangements in an October 30 declaration filed in the federal case involving Afghan national Said Mansor Sadat.

"The plane's final destination would be Pakistan with further transport onward to Afghanistan," Aguilar wrote.

He also clarified the intended destination recorded in the deportation paperwork.

"The alien's intended removal destination was Afghanistan, as reflected in his removal order," Aguilar stated.

The case involved a charter flight originally scheduled to depart from Alexandria, Louisiana, on November 3. The arrangement became controversial after U.S. District Judge Michael Nachmanoff requested clarification about whether the aircraft would travel directly to Afghanistan or stop in Pakistan.

Attorney Simon Sandoval-Moshenberg, who represented Sadat and another Afghan national facing removal, said both clients had independently received information about the proposed transportation route.

"They were not told who would be taking them overland and in what manner," Sandoval-Moshenberg said in an email to CBS News.

Sadat was subsequently removed from the flight list and released from ICE custody after a judge determined that his continued detention violated his due process rights. His attorney confirmed the development to CBS News.

The Department of Homeland Security defended its broader third-country deportation policy, arguing that destination countries provide assurances concerning the treatment of deportees.

"Illegal aliens being sent to a third country receive notice and assurances prior to their removal," a DHS spokesperson said.

The department did not clarify whether Pakistan had provided specific guarantees for the proposed Afghan transfers or whether those assurances covered transportation from Pakistan into Afghanistan.

"When an individual is no longer in ICE custody, ICE is no longer responsible for them," the DHS spokesperson added.

Pakistan's embassy did not immediately respond to CBS News' request for comment. The State Department also did not provide a response after Secretary of State Marco Rubio referred questions about the deportation arrangements to DHS during an October 31 news conference.

Afghanistan's Taliban-led Foreign Ministry separately expressed concern about reports of the proposed transfers, calling for coordination and respect for the rights of Afghan nationals.

"Third countries should not bargain over the transfer of another country's nationals in pursuit of short-term, limited concessions or other considerations, nor should their decisions and actions undermine human dignity, rights, or established ethical and humanitarian standards," a spokesperson for the ministry said.

VanDiver also criticized the proposed arrangement, arguing that transferring Afghan allies through Pakistan could expose them to further danger.

"When even the Taliban are voicing 'serious concern' about this plan, the administration should stop and ask what it is doing," VanDiver said.

He further questioned the consequences of transferring vulnerable Afghan families to Pakistan.

"Handing the families of our allies to Pakistan, a government that has no plan for them and every reason to send them to the Taliban, is not immigration enforcement. It is abandonment with a boarding pass," he said.

As of November 2, 66 members of Congress had signed a letter urging Rubio and DHS Secretary Markwayne Mullin to cancel deportation flights involving Afghans and Iranians.

Separate legal challenges have also emerged in Texas and Louisiana. U.S. District Judge Kathleen Cardone previously documented that Afghan detainee Basir Ahmad Ahmadi had been nominated for a removal operation tentatively scheduled for early November. His emergency request to stop the transfer was denied on October 29 because the district court lacked jurisdiction.

Another Afghan detainee, Khaled Khaleeq, sought emergency judicial intervention in Louisiana after learning that he might face deportation to Pakistan or Afghanistan.

More than 150 Afghan immigrants had previously been identified as potential deportees, according to a US official cited by The New York Times on October 30. The proposed transfers raised particular concerns for individuals who could face persecution because of their family connections to US military operations or other vulnerabilities under Taliban rule.