A federal judge in New York has issued an emergency order temporarily blocking the U.S. administration's plans to deport detained Afghan nationals to Afghanistan or Pakistan. Judge Valerie Caproni signed the directive on Tuesday, November 3, 2026, mandating that officials halt any immediate removal of these individuals. The judicial intervention is set to expire on Saturday, November 7, 2026.
The court’s decision followed mounting pressure from human rights advocates and a bipartisan group of 66 lawmakers. In a letter addressed to Secretary of State Marco Rubio and Homeland Security Secretary Markwayne Mullin on Monday, the legislators expressed alarm over reports that the government intended to transfer vulnerable Afghans to regions where they could face “persecution, torture, or even death.” Many of the detainees reportedly fled Afghanistan following the Taliban’s return to power due to their previous associations with U.S. military operations or aid organizations.
Advocacy groups, including Human Rights First and the nonprofit organization AfghanEvac, have highlighted the perilous situation facing those currently in detention. According to reports provided by these organizations, the group of over 80 detainees awaiting possible removal includes women, former law enforcement personnel, and members of religious minorities. Attorneys noted that the majority of these individuals lack legal representation and are struggling to navigate the U.S. immigration system.
During the court proceedings on Tuesday, government representatives stated that U.S. Immigration and Customs Enforcement (ICE) did not have any commercial or chartered flights scheduled for such deportations through the end of the week. Judge Caproni’s order formalizes this commitment, ensuring that no immediate actions are taken while the legal dispute remains active. Court documents previously indicated that initial plans involved transporting detainees from detention facilities in Louisiana to locations involving transit through or to Pakistan.
The international community has also weighed in on the situation. Zia Ahmad Takal, deputy spokesman for Afghanistan’s foreign ministry, stated that the Taliban-led administration had expressed “serious concern” regarding the reported U.S. plans. Takal emphasized that third-party countries should avoid involvement in decisions regarding the fate of Afghan citizens, calling on the U.S. to adhere to international standards and the rights of the individuals concerned.
Human rights advocates welcomed the temporary reprieve but cautioned that the underlying issue remains unresolved. Shawn VanDiver, president of AfghanEvac, described the development as a “pause” rather than a permanent victory. The organization intends to maintain its efforts in monitoring flights to ensure the safety of those involved. Experts from Human Rights First reiterated that deportees returned to the region face systematic dangers, including arbitrary executions, public floggings, and severe restrictions on the fundamental rights of women and girls.
The U.S. administration has previously utilized third-country deportations when removal to an immigrant's home nation was deemed logistically impossible or where diplomatic relations were absent. However, critics argue that such measures in the current context create unacceptable risks for the individuals involved. As the temporary order approaches its Saturday expiration date, legal teams and human rights organizations are expected to continue their advocacy efforts to prevent the resumption of these transfers.
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