Judge Blocks Afghan Deportations to Afghanistan, Pakistan Through Saturday

A federal judge in Manhattan on Tuesday barred the Trump administration from deporting Afghan nationals present in the United States to Afghanistan or Pakistan through Saturday evening.

The temporary order

U.S. District Judge Valerie Caproni of the Southern District of New York entered a temporary restraining order in Project Rousseau, Inc. v. Venturella after government counsel relayed a representation from Immigration and Customs Enforcement Deputy Assistant Director Christopher George. George told the court there were “no planned or confirmed chartered or commercial flights” to remove Afghan nationals to Afghanistan or Pakistan at least through the end of the week, and that arranging such flights takes weeks, according to ABC News and JURIST.

Caproni ordered defendants and anyone acting with them who receive notice of the order to adhere to that representation for the life of the TRO. The order took effect immediately and expires Saturday, Nov. 7, 2026, at 11:59 p.m., unless extended or dissolved. The court found no security bond was required under Rule 65(c).

Background of the dispute

Project Rousseau, a nonprofit that provides legal help to asylum seekers, sued after learning that ICE planned to remove some of its Afghan clients by way of Pakistan to Taliban-controlled Afghanistan, JURIST reported. Advocates and court coverage put the number facing removal at roughly 150 to 200. USA Today reported a flight had been set to leave Alexandria, Louisiana, on Election Day, Nov. 3, bound for Pakistan.

ABC News said a Justice Department filing last week indicated dozens of Afghans in U.S. custody — possibly including relatives of people who worked with the U.S. military — were expected to be deported this week. Sixty-six members of Congress pressed the administration to ground the flight, Rep. Scott Peters said, according to ABC News. ICE told ABC News it does not comment on prospective removal operations.

Filings still due

The Nov. 3 order directed the government to respond to the plaintiff’s motion by Thursday, Nov. 5, at 9 a.m., and to deliver the order promptly to George and relevant State and Homeland Security officials.

Developing: Whether the administration seeks to extend or dissolve the order after Saturday, and how it answers the Thursday filing deadline, were not settled in the reporting reviewed for this article.

Sources: ABC News / Good Morning America, JURIST, Associated Press, USA Today.