ABC News November 3, 2026

Judge temporarily blocks deportation of Afghan nationals

WATCH: Afghan allies are being detained by same US government they risked their lives for

A federal judge in New York on Tuesday temporarily blocked the administration from deporting Afghan nationals to Afghanistan or Pakistan through the end of the week.

U.S. District Judge Valerie Caproni in New York issued the order after government attorneys said in court on Tuesday that Immigration and Customs Enforcement has "no planned or confirmed chartered or commercial flights" to deport Afghan nationals to Afghanistan or Pakistan at least through the end of the week.

A Justice Department court filing last week indicated that dozens of Afghan immigrants, possibly including relatives of Afghans who worked alongside the U.S. military, were expected to be deported this week, according to lawyers, advocacy groups, and families of those detained.

In Tuesday' written filing, Judge Caproni ordered the Trump administration to "comply with and adhere to the representations made by Deputy Assistant Director George through counsel for Defendants that there are no planned or confirmed chartered or commercial flights for the purposes of deporting Afghan nationals to Afghanistan or to Pakistan for the duration of this Temporary Restraining Order and that it takes weeks to make such arrangements."

The order is in effect through Saturday. 

"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. "That didn't happen by accident. Veterans, advocates, 66 members of Congress, and thousands of Americans got this flight stopped, and the court made sure it stays stopped this week. This is a reprieve, not a resolution."

On a press call Tuesday, Rep. Scott Peters said lawmakers would continue pressing for answers about Pakistan's role and for legislation to protect Afghans from deportation.

"Our nation made a promise to stand by the Afghans who risked their lives and their family safety for us and for our safety, and sending them to the Taliban breaks that promise," Peters said.

In a statement to ABC News, a spokesperson for ICE said it does not "comment on prospective removal operations, including flight schedules, passenger manifests, destinations, or individual case details."

Advocates and families previously told ABC News that, as part of the Trump administration's immigration crackdown, hundreds of Afghan immigrants are currently being held in Immigration and Customs Enforcement detention in Louisiana, from where many international deportation flights depart.