Federal judges pause Afghan deportations via Pakistan

Two federal courts issued temporary orders on Monday and Tuesday that pause the Trump administration’s plan to deport Afghan nationals to Pakistan. The New York order prevents deportation flights from taking off until Saturday, while the New Mexico ruling stops the removal of a specific detainee for 14 days.

The New Mexico decision centers on Sardar Akbari, 31, who has been held at the Torrance County Detention Facility in Estancia. A federal judge prohibited the government from removing Akbari until the court is satisfied that adequate safeguards are in place to protect him against the risk of suicide. The American Civil Liberties Union of New Mexico stated that Akbari suffered an acute mental health crisis after learning the government intended to send him to Pakistan.

Deportation flights for Afghans are routed through Pakistan because the United States lacks diplomatic relations with the Taliban government. This arrangement prevents direct flights to Afghanistan. The State Department currently classifies Afghanistan as a Level 4 do not travel destination, citing civil unrest, crime, terrorism, and limited health facilities.

Akbari has been in the custody of the federal Immigration and Customs Enforcement since late 2024. Court documents indicate that authorities transported him from Estancia to Camp East Montana in El Paso on Oct. 27 to prepare for his deportation. Camp East Montana is the nation’s largest immigrant detention center. A July report from the ACLU alleged that the facility has faced issues including medical neglect, coercive removals, and three detainee deaths.

Shaw Drake, an assistant professor of Law at the University of New Mexico School of Law, represented Akbari in his habeas proceedings. In a statement, Drake described the case as a window into the abject horrors of the immigration system. She argued that deporting vulnerable immigrants to a third country without notice or an opportunity to claim fear renders fundamental due process safeguards virtually meaningless.

In New York, Judge Valerie Caproni issued an order on Tuesday that does not end the practice of removing Afghans through Pakistan. However, the order stops the flights from departing until Sunday. The order expires on Saturday, leaving the immediate future of the deportation schedule dependent on further judicial review.

The El Paso City Council voted unanimously on Oct. 27 to draft a resolution calling for the closure of Camp East Montana. The council noted that the final decision to close the federal facility rests with the federal government.