Judge Bars Deportation of Five Afghans

A federal judge blocked the government from removing five Afghan nationals to Pakistan, Afghanistan, or any third country while the case proceeds.

Updated on Nov. 9, 2026 in Immigration

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U.S. District Judge Victor Marrero barred the government from deporting five Afghan nationals with final removal orders. The order followed a lawsuit filed November 2 by Project Rousseau, Inc., and does not decide the ultimate legality of the proposed deportations.

Why it matters

The case tests the procedures the government must follow when it seeks to remove a person to a country not named in the removal order. The court's ruling preserves the existing position for the five named individuals while arguments on preliminary relief continue.

The order binds the government to a one-week notice requirement before removing any of the five individuals, who are detained in Texas or Louisiana. Judge Marrero rejected, at this stage, the government's argument that immigration laws strip the court of jurisdiction.

The players

Victor Marrero

Marrero is a U.S. District Judge in New York who issued the order barring the deportations and rejected the government's jurisdictional argument at this stage.

Project Rousseau, Inc.

Project Rousseau is the advocacy organization that filed the lawsuit on November 2, 2026, challenging the government's removal procedures.

The details

Judge Victor Marrero amended and extended a temporary restraining order first issued by Judge Valerie Caproni on November 3. The government represented that no chartered or commercial flights to Afghanistan or Pakistan were planned or confirmed, and the order directs it not to deport the individuals pending further court orders.

November 2: Project Rousseau, Inc. filed the lawsuit.
November 3: Judge Valerie Caproni issued a temporary restraining order.
November 6: Judge Marrero issued the order barring deportation.
November 7: The original restraining order was scheduled to expire at 11:59 p.m.

Legal Context

The dispute centers on whether removal procedures for noncitizens with final orders may be applied to third countries without additional notice and court review. The ruling keeps the five individuals in place while those legal questions are argued.

Any of the five named Afghan nationals cannot be removed without the government first giving the court and Project Rousseau at least one week's notice. The order keeps them in U.S. detention while the court considers preliminary relief.

The takeaway

Court orders can pause removals while the legal framework is tested, so the timing of any deportation may hinge on the outcome of the pending arguments.