IF YOU ARE AN AFGHAN IN DETENTION, OR YOU LOVE ONE
Do not sign anything you do not understand or without consulting a lawyer. That includes “voluntary departure” papers. Tell every officer, every time, if you fear being sent to Afghanistan, to Pakistan, or to any other country. Then tell us what happened at afghanevac.org/removal, so we can count it and fight it.
Two weeks ago it was a rumor. Last week it was a booking. This week it is a plane. More than 150 Afghans are expected on a charter out of Louisiana, bound for Pakistan and then the Taliban, and we are hearing it could leave today or tomorrow. So close to election day when the whole country, and much of the world, is looking somewhere else. That timing is a choice.
This week was not all bad news. A federal judge in Boston stopped the refugee 10-day rule in its tracks, at least for now. Americans across party lines have already told pollsters they oppose exactly what is happening. And in seven days, veterans and Afghan allies will be in Washington, talking to Congress about the Afghanistan TPS Act and this flight.
The New York Times reports more than 150 Afghans are expected on this removal flight, including relatives of Afghans who served alongside U.S. troops
At least three women are among those facing removal, and at least 15 have ties to U.S. service, five of whom worked alongside U.S. forces
ICE told a federal court under oath the plane lands in Pakistan
Our removal tracker logged 70 reports this week, and we now have reports on nearly 80 Afghans facing removal since October 14
63% of voters oppose deporting Afghan allies to countries they have no ties to. Only 24% support it
A federal judge blocked the refugee 10-day rule through November 6
Pakistan has deported more than 85,000 Afghans this year
Members of both parties are pressing the State Department on the fate of women and children at Camp As Sayliyah
Seven days to the fly-in. Nine days to the Promise Walk
Before you read another word, take action below. It takes a few minutes. In the first day, 512 people took nearly 2,000 actions. We need more.
HELP STOP THE DEPORTATION FLIGHT TO PAKISTAN
As soon as Monday, November 2, the U.S. plans to put more than 150 Afghans on a charter flight from Louisiana to Pakistan, with onward transport to Afghanistan. Pakistan is not the country named in their removal orders. Many of the people on board are relatives of Afghans who served alongside U.S. troops. Others are women, religious converts, and members of persecuted minorities, and the Taliban could imprison, torture, or kill them.
Americans do not want this. A bipartisan national poll found that 63% of voters oppose deporting Afghans who assisted U.S. forces to countries they have no ties to.
We launched a campaign so you can act in just a few minutes. Call your members of Congress, write to them, and tell the White House to stop this flight. Then, from November 9 to 11, at the fly-in and the Veterans Day Promise Walk, we will be in Washington pressing Congress on this flight, the Afghanistan TPS Act, Camp As Sayliyah, and so much more.
In less than 24 hours, 512 people took 1,936 actions, including 297 calls and 1,327 emails. That is a strong start, and it is not enough. We have not yet heard from a single person in Louisiana, where this plane is set to take off, or in Montana, Wyoming, North Dakota, or West Virginia. If you live there, or know someone who does, this is your moment.
If you know someone facing removal, report the case confidentially at afghanevac.org/removal. If someone wants to tell their story to the press, we can help at afghanevac.org/your-story.
ACTION THIS WEEK
Call and write your two senators and your representative. Ask them one question: is ICE sending Afghan allies and their families to Pakistan this week, and who is on that plane? Then ask them to stop it. Do it in a few minutes at afghanevac.org/stop-the-flight, or call the Capitol switchboard at (202) 224-3121. Make this call as soon as possible.
Join the Afghan Mission Partners Fly-In, November 9 and 10. We will be in Washington talking about the Afghanistan TPS Act and this deportation flight. We train you and put you in meetings, ideally with your own members of Congress. Sign up at afghanevac.org/tps-fly-in.
If an Afghan you know is detained, tell us today. Report it at afghanevac.org/removal. If someone has been handed departure papers or told “Pakistan,” we need to know before the plane leaves, not after.
Attorneys, join Counsel Corps. Our new practitioner’s guide on third-country and wrongful removals goes to members. Sign up at afghanevac.org/counsel-corps, and take a detained case.
Walk with us on Veterans Day. On Wednesday, November 11, veterans and Afghan allies walk from the Lincoln Memorial to the Capitol and hand Congress the promise it made. Sign up at afghanevac.org/promise-walk.
ONE PLANE, ELECTION WEEK
On October 26, Bloomberg reported that the United States was making plans to deport Afghans, including the families of our allies, to Pakistan (Bloomberg Law). On Friday, The New York Times filled in the rest: more than 150 Afghans, a charter out of Louisiana, as soon as November 2 (The New York Times). The Associated Press, ABC News, NBC News, Reuters, and outlets from Paris to Kabul followed.
DHS told the reporters over and over that ICE does not comment on prospective removal operations. Its own officer did. ICE told a federal court under oath that the plane’s final destination is Pakistan, with further transport onward to Afghanistan. A week earlier, the same officer had sworn it would land in Afghanistan. Pakistan is not the country named on these removal orders.
Here is who is on it, as best we can tell. The Times reports relatives of Afghans who served alongside U.S. troops. At least three women are among the Afghans facing removal, and at least 15 have ties to U.S. service, including five who worked alongside U.S. forces themselves. Families tell us the same story over and over: a routine check-in they showed up for voluntarily, a phone that goes dead, a commissary account closed, a move in the middle of the night, and notice given out loud, if at all.
The reports keep coming. Our removal tracker logged 70 reports this week. We now have reports on nearly 80 Afghans facing removal since October 14, and the real number is higher. They stretch from Otay Mesa here in San Diego to Batavia, New York, and from Houston, Pearsall, and Raymondville in Texas to Jena, Jackson Parish, Richwood, and Winn in Louisiana. When people were given a timeframe, it was the same one: next week, early next month. In several reports, other Afghans had been told the same thing at the same time, six in one case, twelve in another.
Pakistan is not a safe third country for an Afghan. It is a waiting room for the Taliban. The country has deported more than 85,000 Afghans this year. Sending an Afghan there is removal to the Taliban with a layover, and everyone involved in this decision knows it.
Now look at the calendar. The flight is set for the day before, or the day of, the midterm elections, when every camera in America is pointed at vote counts. The administration chose to do this quietly, on a charter, in election week, because a quiet flight is one nobody stops. It is betting the American people will not notice. It is also betting they would not care. On that second bet, the numbers say it is wrong.
In our bipartisan national poll, conducted by Lake Research Partners and The Tarrance Group, 63% of likely voters oppose deporting Afghans who assisted U.S. forces to countries they have no ties to. Only 24% support it. And 84% say the United States should keep its commitment to the Afghans who stood with us (full results). This is not a fringe cause. It is where most Americans already are.
Members of Congress noticed. Senators Chris Coons, Richard Blumenthal, Tim Kaine, and Jeanne Shaheen and Representatives Scott Peters, Jennifer McClellan, and Sam Liccardo all spoke out this week. Rep. Peters is leading a bicameral letter to Secretaries Rubio and Mullin asking them to cancel flights of Afghans and Iranians, citing reports that an Iran flight could follow, and demanding a response by today.
Sen. Coons put it plainly: “While he hopes nobody is watching, Trump greenlit the expulsion of more than 150 Afghans back to Taliban rule.” Every one of them is a Democrat. Keeping a promise to the people who fought beside our troops has never been a partisan idea, and I want the Republicans who have stood with Afghan allies before to say so now, before the plane leaves.
Our practitioner’s guide went out to attorneys this week, and we are connecting counsel who are fighting the same flight in different districts. I am working with offices in both chambers to demand answers before the plane leaves. And we will keep counting, because a government that will not tell you who it is deporting is counting on no one else keeping the list and holding them to account.
A JUDGE BUYS TIME FOR REFUGEES
On October 27, a federal judge in Boston temporarily blocked the rule that gave refugees just 10 days to answer a notice that their status is being terminated (WGBH). Through November 6, refugees do not have to respond to one of those notices, and no one’s status can be terminated for failing to answer it. The case, PANA v. Edlow, was brought by PANA, African Communities Together, Refugee Council USA, the International Institute of New England, and others.
IRAP has led on this from the start, alongside Democracy Forward, and their joint statement is worth your time. IRAP’s explainer on the rule and its toolkit for refugee re-vetting interviews are the best resources out there (explainer, toolkit).
Why it matters Ten days was never about efficiency. It was designed so that refugees, many of them Afghans who came here after fighting beside us, would lose their status before they could find a lawyer. The court bought these people a week. The order runs through November 6. What happens after that depends on this court, and on whether the rest of us keep watching.
A GUIDE FOR THE LAWYERS STANDING IN THE GAP
On Tuesday, AfghanEvac Counsel Corps released Third-Country and Wrongful Removals: A Practitioner’s Guide for the Fifth and Ninth Circuits. It covers unlawful detention and third-country removal defense in the two circuits where most detained Afghans are being held and moved. It was written and reviewed by experienced immigration practitioners, including a former immigration judge.
Attorneys can join Counsel Corps at afghanevac.org/counsel-corps and get access to JULIE, our research and expert tool for attorneys, at the same time.
Why it matters The Supreme Court hears DHS v. D.V.D., the third-country removal case, in December. Until then, the fight happens one motion at a time, in district courts, often in the middle of the night. No lawyer should have to start from a blank page while a client is on a bus to the airport.
PAKISTAN: THE OTHER HALF OF THE STORY
Pakistan has deported 85,821 Afghans between January 1 and October 17 of this year, according to UN and International Organization for Migration data (VisaVerge). Many of them were waiting in the United States resettlement pipeline when Pakistani police picked them up. The New York Times is reporting from Pakistan on what is happening to them now.
Why it matters For years, Pakistan was the place Afghans waited for America to keep its word. Now America may be sending them back there, into a country actively pushing Afghans across the border to the Taliban. The United States has no known agreement with the Taliban for direct returns. It does not need one if Pakistan does the last mile.
CAMP AS SAYLIYAH: CONGRESS ASKS ABOUT THE WOMEN AND CHILDREN
A bipartisan letter led by Rep. Yassamin Ansari and Rep. Don Bacon presses Secretary Rubio and the State Department on the Afghan women and children still at Camp As Sayliyah in Qatar: maternal care, schooling for kids who have now lost years of it, and a real pathway to resettlement. AfghanEvac is proud to endorse it.
Why it matters These are families the United States moved to Qatar on a promise. Every month they spend in limbo is a choice someone in Washington makes again. When Republicans and Democrats sign the same letter about it, the administration loses the excuse that this is politics.
SEVEN DAYS TO WASHINGTON
The Afghan Mission Partners Fly-In is November 9 and 10. We will be in Washington talking about two things: the Afghanistan TPS Act and this deportation flight. Meeting requests are out to offices in both chambers and both parties, and I will report back on every one of them. The discharge petition for the Afghanistan TPS Act opens on Monday, November 9, so this timing is intentional and necessary.
Then, on Veterans Day, Wednesday, November 11, we walk. Veterans and the Afghan allies who served beside them will gather at the Lincoln Memorial, walk past the Washington Monument to the Capitol, and present the Promise Letter to Congress. Members of both parties are expected. We are walking in good company: in 1861, an Afghan named Mohammed Kahn enlisted in the Union Army. Afghans have been showing up for this country for a very long time.
Details and sign-up at afghanevac.org/promise-walk.
ALSO THIS WEEK
The D.C. Circuit hears argument November 6 in Afghan and Iraqi Allies v. Rubio, the case over the State Department’s SIV delays.
ICE is hiding people. The National Immigration Project sued this week over ICE removing people with final orders from its online detainee locator, which is exactly how families lose track of an Afghan being moved toward a flight.
Two more people died in ICE detention this week, 62 since inauguration, and the Supreme Court let the administration end administrative closure in immigration court, a tool judges used to set aside low-priority cases.
IN THE NEWS
Stories AfghanEvac helped place this week, and the coverage that followed.
The removal flight
Bloomberg Law: US Makes Plans to Deport Afghans, Families of Allies to Pakistan
The New York Times: U.S. to Send Dozens Back to Afghanistan, Despite Risk of Persecution.
The Associated Press: U.S. plans to deport Afghans back to their home country through Pakistan, documents show.
ABC News: Afghans scheduled for deportation may include relatives of those who worked alongside US forces
Reuters: Trump administration plans to deport some Afghan immigrants to Afghanistan
The Hill: Trump administration attempts loophole on deporting Afghan refugees to Afghanistan: Reports
International Business Times UK: Trump Plans To Deport Relatives of Afghans Who Helped US Troops Back To Taliban-Ruled Afghanistan
Anadolu Agency: Trump administration plans to deport Afghan refugees to Pakistan: report
The Independent: Trump plans to deport dozens of Afghans back to the Taliban in first large-scale removal flight
Common Dreams: Trump Plan to Deport Afghan Immigrants, Refugees Condemned as ‘Sickening’
Al-Monitor: Trump administration plans to deport some Afghan immigrants to Afghanistan
The Star (Malaysia): Trump administration plans to deport some Afghan immigrants to Afghanistan
Khaama Press: Afghan Deportation Flight to Pakistan Could Leave Nov. 2
VisaVerge: United States Plans to Deport Detained Afghans to Pakistan
Dawn (AFP): US to deport 150 Afghan immigrants back to Kabul
The Japan Times: U.S. to reportedly deport 150 Afghan immigrants back to Afghanistan
Christianity Today: America’s Unpaid Debt to Afghan Allies, by Angela Lu Fulton and Hannah Herrera
The refugee 10-day rule
Trump administration enjoined from enforcing refugee limitation (WGBH)
Boston federal court temporarily blocks new refugee policy (Axios Boston)
Federal court temporarily blocks new Trump refugee immigration policies (New Hampshire Public Radio)
Federal judge blocks Trump administration’s shortened refugee status appeal period (VisaVerge)
AfghanEvac broke the story and is driving the global narrative on this deportation flight. That it is breaking through in the final days of a midterm campaign, when almost nothing else can, is a testament to our team. Our reporting and my statement were picked up around the world, including by Dawn, The Times of India, Hindustan Times, The Straits Times, The New Arab, Le Devoir, Europe 1, 20 Minutes, La Tribune de Genève, Clarín, La Nación, Channels TV Nigeria, and CGTN America.
Here is what I keep coming back to. The people on that plane are not strangers to this country. Some carried rifles alongside Americans. Some are the wives and sons of men who did. They were promised that if they stood with us, we would stand with them. The government that made that promise is now trying to break it on a charter flight, in election week, hoping no one is watching.
I cannot promise the plane stays on the ground. I can promise this: every Afghan you tell us about will be counted, every lawyer who steps up will have help, and in seven days, veterans and allies will be in the halls of Congress asking members to look them in the eye. Then we will walk to the Capitol together and hand them the promise they made.
Report every detention. Call your members. Come to Washington.
They are counting on silence. They are not going to get it.