Judge pauses plan to send 80 Afghans to Pakistan

A federal judge in New York issued an order on Tuesday to temporarily stop the Trump administration from deporting Afghans to Afghanistan or Pakistan. The ruling comes after advocates and members of Congress warned that the detainees faced life-threatening risks. The order takes effect immediately and expires on Saturday.

The government informed the court that Immigration and Customs Enforcement has not booked chartered or commercial flights for these removals through the end of the week. Judge Valerie Caproni asked all officials to adhere to that schedule. ICE typically books flights weeks in advance. Court documents show the U.S. planned to move Afghan immigrants on Monday from Louisiana, where ICE operates detention facilities, to Pakistan.

More than 80 detained Afghans contacted attorneys and advocates after ICE notified them of possible deportations this week. Among the group are women, a police officer, and members of religious minorities. Some are family members of U.S. military personnel. Most fled Afghanistan due to persecution and lack legal representation, according to Human Rights First and AfghanEvac.

A letter sent Monday to Secretary of State Marco Rubio and Homeland Security Secretary Markwayne Mullin expressed concern over the plans. California Democratic Rep. Scott Peters led the letter, which was signed by 65 other members of the House and Senate. They wrote that sending vulnerable people could expose them to persecution, torture, or even death. Immigrant rights organizations also warned that those deported could face retaliation from the Taliban.

Zia Ahmad Takal, deputy spokesman of the Afghan foreign ministry, said the Islamic Emirate of Afghanistan expressed serious concern about the reports. He called on the U.S. to ensure decisions are based on the legitimate demands of those involved. He stated that third-party countries should not engage in dealings concerning the fate of another nation’s citizens.

Shawn VanDiver, president of AfghanEvac, said at a news conference, “Today is a good day.” He added, “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 at Human Rights First, said individuals returned to Afghanistan face grave, systematic dangers. She noted that women and girls face severe restrictions, including systematic denials of education, employment, and public speech.

Arvey said the group will continue tracking flights to ensure none take off. She stated, “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.”