US Plans to Deport More Than 150 Afghans Through Pakistan to Taliban-Controlled Afghanistan, Laws, Court Challenges and What Detainees Can Do

The Trump administration is preparing to deport more than 150 Afghan immigrants from the United States by flying them to Pakistan, where Pakistani authorities are expected to oversee their expulsion across the border into Taliban-controlled Afghanistan, according to The New York Times, which cited U.S. officials. Reporting says the first charter flight could leave Louisiana as soon as Monday, November 2, 2026. Officials describe the operation as, in effect, a deportation to Afghanistan, and ICE has reportedly told detainees the same.

If carried out, it would be one of the largest single removals of Afghans from the United States. AfghanEvac, a coalition supporting Afghans who helped U.S. forces, says it would be the first deportation of detained Afghans from the U.S. to Pakistan.

Reporting says the group includes relatives of Afghans who worked alongside U.S. forces and at least one gay man. Advocacy groups and some members of Congress warn they could face persecution, detention or torture under Taliban rule.

What is and is not confirmed:

• The plan has been reported by multiple outlets citing U.S. officials, advocates, lawyers and court filings.
• DHS and ICE have declined to comment on prospective operations, flight schedules or individual cases.
• No passenger list has been published, and Pakistan has not publicly confirmed this specific operation in the materials reviewed.
• Reports differ on numbers: The New York Times said more than 150, while some outlets said dozens.

This article is general legal information, not advice for any person’s case.

U.S. Afghan Deportation Flight via Pakistan: Quick Facts

Detail	Information
Agency	U.S. Immigration and Customs Enforcement (ICE), Department of Homeland Security
People affected	Afghan immigrants and asylum seekers in ICE detention
Reported number	More than 150 (NYT, citing three U.S. officials); some reports say dozens
Staging location	Louisiana ICE detention facilities
Reported first flight	As soon as Monday, November 2, 2026 (first week of November)
Reported destination	Pakistan, then onward removal into Afghanistan
Advocates’ description	AfghanEvac reported on October 26 that ICE was assembling a “Special High Risk Charter” in Louisiana for early November
DHS / ICE position	No comment on prospective operations
Main legal issues	Third-country removal; protection from persecution and torture
Related Supreme Court case	Department of Homeland Security v. D.V.D., No. 26-426 (application No. 26A406)
Supreme Court action	Stay and certiorari granted September 29, 2026; argument December 9, 2026
Settlement / compensation	None

Why Is the United States Sending Afghans to Pakistan Instead of Directly to Afghanistan?

The United States has no formal diplomatic relations with the Taliban government that has controlled Afghanistan since the 2021 U.S. withdrawal, and a U.S. official told reporters the U.S. cannot arrange deportations directly to Afghanistan. Routing the flight through Pakistan gives the government an intermediary to carry out the final expulsion. Attorneys and refugee groups call it a legally dubious workaround, and officials themselves describe the result as effectively a deportation to Afghanistan.

Pakistan has carried out large-scale returns of Afghans since late 2023. Reporting this week puts the total at more than 2 million, and UNHCR has reported large numbers detained and pushed across the border. Human rights groups say Pakistan itself is unsafe for many Afghans.

Who Is Reportedly on the Deportation Flight?

According to reporting from The New York Times, ABC News, Reuters and advocacy groups:

• Dozens of Afghans have been moved in recent days from ICE detention facilities around the country to Louisiana, a common staging point for international removal flights. Advocates say at least 80 were moved from 34 other facilities, and some have no lawyer.
• Detainees include people who fled after the 2021 Taliban takeover, relatives of Afghans who assisted U.S. forces, and at least one gay man.
• Court records reviewed by ABC News for at least one detainee identify Pakistan as the destination, with onward removal to Afghanistan.

The individual immigration histories, removal orders and protection decisions of the people on the flight are not public. Not everyone being moved necessarily has the same status or legal protection.

Reactions to the Planned Afghan Deportations

Advocacy groups have called for the flight to be halted. AfghanEvac president Shawn VanDiver said some of those facing removal are brothers and sons of men who served with U.S. forces, families he says the Taliban already has reason to target. He urged Congress to grant Afghans in the U.S. Temporary Protected Status or similar protection. Global Refuge and Human Rights First have also criticized the plan, and the latter’s president, Uzra Zeya, was among those raising concerns about third-country arrangements.

Democratic lawmakers including Rep. Scott Peters and Sen. Chris Coons criticized the plan, warning that people tied to American allies could face persecution. Critics note that after regaining power, Taliban authorities announced a general amnesty for those who worked with the former government, but advocates say that does not guarantee safety.

What U.S. Law Says About Deporting Afghans Through a Third Country

Immigration and Nationality Act, 8 U.S.C. § 1231: country of removal

Section 1231 governs removal of people already ordered removed. In general, immigration officials first try to remove a person to the country the person chooses, then to the country of citizenship or last residence, and the statute lists further alternatives, including a country that will accept the person. This is the basis for “third-country removal.”

Withholding of removal, 8 U.S.C. § 1231(b)(3) and 8 CFR § 1208.16

U.S. law bars removal to a country where a person’s life or freedom would more likely than not be threatened because of race, religion, nationality, political opinion or membership in a particular social group. Some Afghans have obtained this protection through immigration judges. It is country-specific. Under 8 CFR § 1208.16(f), withholding or deferral does not by itself stop DHS from removing someone to a different country. That is why a court order protecting a person from return to Afghanistan does not automatically bar removal to Pakistan.

Convention Against Torture, 8 CFR §§ 1208.16(c) and 1208.17

The U.S. implements the Convention Against Torture (CAT) through the Foreign Affairs Reform and Restructuring Act of 1998 and regulations. CAT protection, including deferral of removal, bars sending a person to a country where they are more likely than not to be tortured. The legal dispute over this flight is whether sending people to Pakistan with the expectation of onward expulsion to Afghanistan gets around those protections, and what notice and opportunity to object detainees are owed.

Afghan immigration pathways

Many Afghans entered after 2021 through Special Immigrant Visas for those who assisted U.S. forces (created by the Afghan Allies Protection Act of 2009 and later laws), humanitarian parole or asylum, and many remain in immigration proceedings years later.

DHS v. D.V.D.: The Supreme Court Case on Third-Country Removals

The most important legal development is the Supreme Court’s handling of Department of Homeland Security v. D.V.D.:

Date	Event
March 2025	A federal district court in Massachusetts (No. 1:25-cv-10676) issues a preliminary injunction requiring written notice and a meaningful chance to raise CAT claims before third-country removals
June 2025	The Supreme Court stays that injunction, allowing removals to resume
February 25, 2026	The district court enters final judgment for a class, declaring DHS and ICE third-country removal guidance unlawful and vacating it under the Administrative Procedure Act
September 18, 2026	The First Circuit largely affirms
September 24, 2026	The government files stay application No. 26A406
September 29, 2026	The Supreme Court grants the stay 6-3, treats the application as a petition for certiorari and grants it (No. 26-426); Justices Sotomayor, Kagan and Jackson would deny
November 16, 2026	Respondents’ brief due, per one summary
December 9, 2026	Oral argument

The district court’s judgment had required DHS to give class members effective notice of the specific third country and a meaningful opportunity to contest removal based on a reasonable fear of persecution or torture there. Because the Supreme Court stayed that judgment, third-country removals can continue while the case is pending. The Court asked the parties to address whether the district court had jurisdiction, whether it could enter classwide declaratory relief and APA vacatur, and whether the government’s third-country removal guidance is unlawful. Commentators expect the case may be decided on jurisdictional grounds. The Court has not yet decided the merits.

In practical terms, this means the notice requirement from the lower court is not currently in force, which matters to detainees facing short-notice removal.

Can Afghans With Court Protection Still Be Deported Through Pakistan?

In principle, a protection order covers removal to the country named in it. Beyond that:

• A person with withholding or CAT deferral as to Afghanistan can generally still be removed to another country that accepts them (8 CFR § 1208.16(f)).
• Advocates argue that sending someone to Pakistan with onward expulsion to Afghanistan is, in effect, removal to Afghanistan, which would violate the protection.
• Whether a specific person on this flight has protection, a pending claim or neither is not public.
• Courts have not decided how these protections apply to this particular route. Outcomes will depend on individual records and any last-minute legal challenges.

What Detainees and Families Can Do

This is general information, not legal advice.

• Contact an immigration attorney immediately, including nonprofit legal organizations that work with Afghan clients. Time may be extremely short.
• Check the detainee’s location with the ICE Online Detainee Locator System, since transfers to Louisiana have been reported.
• Gather records: removal orders, any immigration judge decisions granting withholding or CAT deferral, pending applications, evidence of ties to U.S. forces or the former Afghan government, and proof of risk.
• Attorneys may consider requesting a stay of removal from ICE (8 CFR § 241.6), asking the immigration judge or Board of Immigration Appeals to reopen the case based on changed country conditions or fear of torture, or seeking emergency relief in federal court, although jurisdiction-stripping provisions in the INA limit federal court options.
• Contact advocacy groups such as AfghanEvac and Global Refuge, which have been tracking cases.

Frequently Asked Questions About the Planned Afghan Deportation Flight to Pakistan

Is the U.S. really deporting more than 150 Afghans?

The New York Times reported that more than 150 Afghans are expected to be deported, citing three U.S. officials. DHS has not confirmed the number, and some outlets report dozens.

When is the flight expected to leave?

As early as Monday, November 2, 2026, from Louisiana. As of October 31, no departure has been confirmed.

Why Pakistan?

The U.S. has no diplomatic relations with the Taliban government and a U.S. official said it cannot deport directly to Afghanistan, so Pakistan is expected to oversee the final expulsion across the border.

Has Pakistan confirmed it will take the Afghans?

Not publicly, in the materials reviewed. Pakistan has a longstanding policy of returning Afghans, but it has not publicly documented this specific arrangement.

Are relatives of Afghans who helped U.S. forces included?

According to AfghanEvac and news reports, yes, along with at least one gay man.

Can the Taliban persecute people who worked with U.S. forces?

Advocacy groups and rights organizations warn of arbitrary detention, torture or worse, particularly for people tied to the former government, security forces or Western allies. The Taliban announced a general amnesty after taking power, but advocates say it does not guarantee safety.

Does a court order against deportation to Afghanistan stop this flight?

Not automatically. Withholding and CAT protections are country-specific, so whether a person can be removed via Pakistan depends on their individual case and on how courts treat this route.

What is DHS v. D.V.D.?

A Supreme Court case on third-country removals. On September 29, 2026 the Court stayed a lower-court judgment that required notice and a chance to contest removal, took the case and set argument for December 9, 2026.

Is there a settlement or claim form?

No. This is government enforcement action and litigation, not a settlement or class compensation program.

What has DHS said?

DHS and ICE declined to comment on prospective operations, manifests, destinations or individual cases.

What Happens Next

The immediate question is whether the flight departs as reported and who is on it. Individual detainees may file last-minute challenges, and the Supreme Court will hear D.V.D. on December 9, 2026, with a decision likely next year. Details may change quickly, and this article will need updating as they do.

More Federal Government Litigation on AllAboutLawyer

These cases involve different issues and are not connected to the Afghan deportation plan:

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• PSLF Lawsuit 2026: AFT, Randi Weingarten and Borrowers Sue Education Secretary Linda McMahon Over Delayed Buyback Applications, Lost Payment Credits and Withheld Forgiveness

Sources and Legal References

Court and legal sources

1. SCOTUSblog: Department of Homeland Security v. D.V.D. (26A406) case page
2. SCOTUSblog: Supreme Court to hear argument on Trump administration’s deportation of immigrants to third-party countries, September 29, 2026
3. SCOTUSblog: The court’s third-country removal case has high stakes but will likely be decided on technical grounds
4. 8 U.S.C. § 1231; 8 CFR §§ 241.6, 1208.16, 1208.17; Foreign Affairs Reform and Restructuring Act of 1998; Afghan Allies Protection Act of 2009

Reporting

5. The New York Times, October 30, 2026 (as summarized by Quartz)
6. ABC News reporting, as summarized by IBTimes
7. Times of Israel live blog, October 31, 2026, citing The New York Times
8. Al-Monitor and The Straits Times reports, via GlobeTV
9. Trump plans to deport Afghans back to the Taliban in first large-scale removal flight (AOL)
10. Trump Plan to Deport Afghan Immigrants, Refugees Condemned as ‘Sickening’ (Newsgram)

Disclaimer: AllAboutLawyer.com is an independent legal information website, not a law firm. This article is general information, not legal advice. Allegations and reported plans are not confirmed government actions.

Researched and written by Israr Ahmad, legal content researcher and founder of AllAboutLawyer.com. All facts verified against SCOTUSblog’s summaries of the Supreme Court’s September 29, 2026 order in DHS v. D.V.D., 8 U.S.C. § 1231 and 8 CFR §§ 1208.16–1208.17, and reporting by The New York Times, ABC News, Reuters and other outlets, as of October 31, 2026. Last Updated: October 31, 2026.