A federal judge in New York has temporarily blocked the Trump administration from deporting more than 150 detained Afghans to Afghanistan or Pakistan, after lawmakers and refugee advocates warned that some could face persecution, torture or even death if sent back.
U.S. District Judge Valerie Caproni issued an order on November 3 requiring the administration to refrain from carrying out the deportations until Saturday. The decision followed a government statement that Immigration and Customs Enforcement (ICE) had no chartered or commercial flights scheduled to deport Afghan nationals to Afghanistan or Pakistan through the end of the week.
The judge noted that the government had effectively represented that no Afghan nationals would be deported to either country during that period. However, her order did not resolve the broader legal and humanitarian questions surrounding the proposed removals.
Lawmakers Warn of Persecution and Possible Death
A group of 66 members of Congress, led by Democratic Representative Scott Peters of California, had urged Secretary of State Marco Rubio and Homeland Security Secretary Markwayne Mullin to stop the deportations.
In a letter sent Monday, the lawmakers said they were deeply concerned that returning vulnerable Afghans could expose them to persecution, torture or death.
Advocacy groups said at least 150 Afghans were facing deportation, although some reports put the number closer to 200. More than 80 detained individuals reportedly contacted immigrant-rights organizations after ICE informed them that they could be deported through Pakistan.
Among those facing removal are a woman, a gay man, a former U.S. official and individuals whose relatives assisted American military forces.
Afghans Fear Being Returned to Taliban Rule
The risks are particularly serious for people who previously worked with U.S. or NATO forces, as well as women and members of vulnerable communities.
Under Taliban rule, women face severe restrictions, homosexuality is criminalized, and people associated with foreign military forces have faced threats and retaliation.
One former university student described in court documents said he had been abducted and beaten by armed men who accused him of helping the Taliban’s enemies. His injuries included broken bones in his foot. After he escaped, Taliban members reportedly raided his family home and questioned his father about his whereabouts.
“If I return, they will kill me,” he told the court.
His identity was withheld in the reporting.
Pakistan’s Role Raises Additional Concerns
The proposed deportations have also raised questions about sending Afghans to Pakistan, which has been engaged in serious tensions and armed conflict with Afghanistan.
Lawyers argued that transferring the detainees to Pakistan could expose them to further danger and potentially violate international obligations protecting refugees and people at risk of persecution.
A 2025 Department of Homeland Security memo states that, in certain third-country deportation cases, the receiving government must provide diplomatic assurances against persecution.
The Taliban authorities have also expressed concern about reports of the planned transfers. Afghan Foreign Ministry representatives called on the United States to consider the rights and legitimate interests of the individuals involved and urged coordination over their fate.
Advocates Welcome a Temporary Reprieve
The Trump administration has defended its authority to carry out removals, arguing that some of the detainees have exhausted their legal options and that courts have limited authority to intervene.
A Department of Homeland Security spokesperson said ICE does not comment on prospective removal operations, including flight schedules, destinations or individual cases.
For refugee advocates, the judge’s order represents a temporary victory rather than a final resolution.
“Today is a good day,” said Shawn VanDiver, president of AfghanEvac, while warning that the legal and advocacy efforts would continue.
“This is a reprieve, not a resolution,” he said.
The temporary order gives the detained Afghans additional time, but their long-term legal status and the possibility of future deportation remain unresolved.
