A federal judge in New York on Tuesday temporarily blocked the Trump administration from deporting Afghan nationals to Afghanistan or Pakistan, after government lawyers told the court no deportation flights were planned for the rest of the week.
U.S. District Judge Valerie Caproni issued a Temporary restraining orderA short-term court order that preserves the status quo until the court can decide a motion for a preliminary injunction. In federal court, one issued without notice to the other side expires within 14 days unless the court extends it for good cause or the other side consents (Fed. R. Civ. P. 65(b)).See it in the glossary that runs through Saturday, November 7, ABC News reported. The order also directs the administration to stick to an ICE official’s statement in court that such flight arrangements take weeks to make.
The planned Afghan deportation flights
Court documents obtained by the Associated Press last week showed that ICE planned to deport detained Afghans on a charter flight from Louisiana to Pakistan, “with further transport onward to Afghanistan,” according to a filing by a senior ICE official in a Virginia case, the AP reported. The United States has no formal diplomatic relations with the Taliban government.
A Justice Department filing indicated that dozens of Afghans were expected to be deported, and advocates say hundreds are held in ICE detention in Louisiana. Earlier reports put the number on the planned flight at more than 150, Khaama Press reported.
What the government told the court
Government attorneys said ICE had “no planned or confirmed chartered or commercial flights” for these deportations at least through the end of the week. An ICE spokesperson declined to comment on removal operations, including flight schedules and destinations. DHS said last week that ICE does not discuss future removal operations, citing operational security.
“A week ago, there was a plane. Today, the government told a federal judge there isn’t one,” said Shawn VanDiver, president of the advocacy group #AfghanEvac. “This is a reprieve, not a resolution.”
Who the deportations could affect
Sen. Jeanne Shaheen, a New Hampshire Democrat, has said those targeted include women, children and people who supported U.S. forces. Some Afghans who worked with the U.S. military may qualify for Special Immigrant Visas, though it is not clear whether any of those scheduled for deportation have pending applications or protective orders. Rep. Scott Peters, a California Democrat, said “sending them to the Taliban breaks that promise.”
What happens after November 7
The order is temporary and expires Saturday unless the court extends it. It does not decide whether deportations to Afghanistan or through Pakistan are lawful. The case is separate from the Supreme Court’s September order that allowed third-country removals to resume, and it adds to a court pause on the refugee 10-day rule that also runs into early November.