Federal courts pause Afghan deportations in New Mexico and New York

Two federal judges issued temporary orders on Monday and Tuesday to halt the deportation of Afghan nationals to their home country via Pakistan.

Judge Valerie Caproni in New York blocked the Trump administration's plan to fly Afghans to Afghanistan through Pakistan on Tuesday. Her order prevents the flights from taking off until Sunday. The administration chose the Pakistani route because the U.S. has no diplomatic relations with the Taliban government in Afghanistan. The State Department currently advises travelers to avoid Afghanistan due to civil unrest, crime, terrorism, and limited health facilities.

In New Mexico, a federal judge prohibited the removal of Sardar Akbari, a 31-year-old Afghan national, on Monday. The order pauses his deportation for 14 days. The American Civil Liberties Union of New Mexico stated that the pause will last until the court is satisfied that the government has established adequate safeguards to protect Akbari against the risk of suicide. The ACLU said Akbari suffered an acute mental health crisis after learning the government planned to send him to Pakistan.

Akbari has been in the custody of federal Immigration and Customs Enforcement since late 2024. He was held at the Torrance County Detention Facility in Estancia. On Oct. 27, agents transported him to Camp East Montana in El Paso, the nation's largest immigrant detention center. Court documents indicate the move was intended to prepare him for deportation. His legal team, representing the Clinical Law Program of the University of New Mexico Law School and the ACLU, is challenging the legality of his detention in habeas proceedings.

Shaw Drake, assistant professor of Law at the UNM School of Law, commented on the case in a statement. She described Akbari's situation as a window into the abject horrors of the immigration system. Drake said that if ICE can deport vulnerable immigrants to a third country without notice or an opportunity to claim fear, fundamental due process safeguards are rendered virtually meaningless.

Controversies surrounding Camp East Montana include allegations of life-threatening medical neglect, coercive removals, and inhumane confinement. A July report from the ACLU also cited three detainee deaths and an alleged riot at the facility. The El Paso City Council voted unanimously on Oct. 27 to draft a resolution calling for the detention center's closure. The final decision on the center's status rests with the federal government.