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Politics · Santa Ana

Judge Halts Trump Admin's Plan to Fly Detained Afghans to Pakistan

A temporary order issued in New York stops Immigration and Customs Enforcement from executing flights scheduled for this week.

By Daniel Bernard ·

Illustration for: Judge Halts Trump Admin's Plan to Fly Detained Afghans to Pakistan
Illustration generated for this article, not a news photograph.

Judge Valerie Caproni of the U.S. District Court for the Southern District of New York issued a temporary order on Tuesday to block the Trump administration from deporting detained Afghans to Pakistan. The ruling prevents Immigration and Customs Enforcement from carrying out flights that were scheduled to depart from Louisiana facilities later this week. The order expires on Saturday.

The administration told the court that ICE had not booked any chartered or commercial flights for these deportations through the end of the week. Caproni’s directive requires all officials to adhere to that status. Because ICE typically books flights weeks in advance, the judge’s timing aligns with the agency's logistical timeline.

Court documents indicate the government planned to move Afghan immigrants on Monday. The flights were set to originate in Louisiana, where ICE maintains immigrant detention and processing centers. The destination was Pakistan, a third country, rather than Afghanistan directly.

Sixty-five members of Congress sent a letter to Secretary of State Marco Rubio and Homeland Security Secretary Markwayne Mullin on Monday. The letter, led by California Representative Scott Peters, stated that the lawmakers were extremely concerned about sending vulnerable people to a place where they might face persecution, torture, or even death.

More than 80 detained Afghans contacted attorneys and advocates after ICE notified them of the potential deportation. Human Rights First and AfghanEvac, a nonprofit organization, reported that the group includes women, a police officer, members of religious minorities, and individuals whose family members served in the U.S. military. Most of these individuals fled Afghanistan due to persecution and currently lack legal representation.

Zia Ahmad Takal, the deputy spokesman for the Afghan foreign ministry, expressed serious concern about the plans to transfer Afghans to Pakistan. He urged the United States to ensure decisions are based on the legitimate demands of those involved. Takal also stated that third-party countries should not engage in dealings concerning the fate of another nation’s citizens.

Shawn VanDiver, president of AfghanEvac, described the ruling as a reprieve rather than a resolution. He noted at a news conference that the organization has not stopped the fight forever but is taking a pause. Savitri Arvey, director of policy at Human Rights First, said individuals returned to Afghanistan face systematic dangers including arbitrary detentions, executions, and public flogging.

Arvey highlighted that women and girls face severe restrictions in Afghanistan, including systematic denials of education, employment, and public speech. She stated that the stakes were very high. Advocates also expressed concern about the Pakistani government's role in facilitating the returns and the lack of public information regarding arrangements between the U.S. and Pakistan.

Arvey said the organization will continue monitoring flight tracking to ensure no planes take off. She emphasized that while the group celebrates today, they are getting right back to work tomorrow. The administration has previously used third-country deportations when removal to the country of origin was not possible, such as when formal diplomatic relations are absent, as is the case with the Taliban government.

Source: Orange County Register

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