U.S. plans to return Afghan detainees via Pakistan route to Kabul.

The United States government is preparing to return a small group of Afghan nationals who have been held in detention facilities across the country to their home country via a route that passes through Pakistan, according to a set of internal documents obtained by reporters. The plan, which dates back to the final months of the Trump administration, outlines a logistical framework for transporting the detainees from U.S. immigration centers to an airport in Pakistan, where they would board commercial flights to Kabul..

The documents, which include memoranda from the Department of Homeland Security, the Department of State and the Department of Justice, reveal that the scheme was conceived as a response to a mounting backlog of cases involving Afghans who arrived in the United States after the 2021 evacuation and who have been denied asylum or other forms of relief.The policy emerged amid a broader debate within the U.S. government over how to handle the roughly 15,000 Afghan refugees and special immigrant visa (SIV) holders who arrived in the United States following the Taliban’s rapid takeover of Afghanistan in August 2021. While most of those individuals have been granted legal status, a minority remain in immigration detention pending removal proceedings..

Officials cited concerns about the length of detention, the cost of housing detainees and the limited capacity of the immigration court system as factors that prompted the search for an expedited removal pathway. The documents indicate that senior officials believed a direct deportation through Pakistan would be faster and less costly than the standard removal process, which often involves lengthy appeals and multiple court appearances.According to the memoranda, the proposed route would begin with the detainees being transferred from facilities in states such as New York, Texas and California to a secure staging area at an airport in Karachi. From there, the plan called for the use of chartered commercial flights operated by a third‑party logistics firm to transport the individuals to Kabul’s Hamid Karzai International Airport..

The paperwork notes that the operation would require coordination with Pakistani immigration authorities, the Afghan Ministry of Interior and the United Nations High Commissioner for Refugees (UNHCR) to ensure that the deportees would be received in accordance with international law. It also references a “risk assessment” that concluded the security situation in Kabul, while volatile, was sufficiently stable to allow the safe arrival of the passengers.Critics of the plan argue that the approach raises serious legal and humanitarian concerns. Human rights groups contend that forcibly returning individuals to a country where they may face persecution, torture or even death contravenes the United Nations Convention Against Torture, to which the United States is a signatory..

Legal scholars point out that the policy could be challenged under U.S. law, which requires that removal orders be subject to a thorough review of any potential threats to the individual’s safety. The documents themselves acknowledge the possibility of “legal challenges” and suggest that the administration would prepare a “robust defense” based on the premise that the detainees have exhausted all available avenues for relief and that the removal is consistent with U.S..

immigration statutes.The timing of the plan’s development coincides with a surge in court rulings that have limited the scope of expedited removal for certain categories of migrants, including those from Afghanistan. In June 2023, a federal judge in Washington, D.C., ruled that the Department of Homeland Security could not use a “fast‑track” removal procedure for Afghan nationals without first conducting a full merits hearing. That decision forced the agency to revisit its strategy for handling the remaining detainees, prompting officials to explore alternative methods that would not rely on the contested expedited removal mechanism.The documents reveal that the Trump administration’s officials were aware of the legal complexities but believed that the unique circumstances of the Afghan crisis warranted an exceptional response..

One memo, dated October 2022, cites the “extraordinary humanitarian and security challenges” posed by the continued presence of undocumented Afghans in U.S. detention centers, and recommends that “a swift, decisive action” be taken to alleviate the burden on the immigration system. The memo also references the “strategic partnership” with Pakistan, noting that the country has historically served as a transit point for Afghan refugees and that its cooperation would be essential for the operation’s success.In practice, the plan would have required a series of diplomatic assurances from Pakistan that the individuals would be allowed to board flights without undue delay and that the Pakistani authorities would not interfere with the transfer..

The paperwork includes a draft letter of agreement that outlines the responsibilities of each party, including the provision of security escorts, medical screenings and the handling of any claims for asylum that might arise during transit. It also stipulates that the United States would cover all transportation costs, estimated at between $5,000 and $7,000 per person, and that any incidents occurring en route would be subject to a joint investigation.The feasibility of the operation has been called into question by analysts who note that the security environment in both Pakistan and Afghanistan remains highly unpredictable. Since the Taliban’s takeover, Pakistan has tightened its own border controls and has occasionally detained Afghan nationals suspected of espionage or involvement in cross‑border attacks..

Moreover, the Taliban’s relationship with the United Nations and Western governments continues to be strained, raising doubts about the reliability of any guarantees that Afghan authorities would provide safe passage to the deportees. A senior source within the State Department, who requested anonymity, warned that “the logistical and diplomatic hurdles are significant, and any misstep could have serious repercussions for U.S. credibility.”The plan also appears to conflict with recent policy shifts under the Biden administration, which has emphasized a more cautious approach to deportations and has sought to expand legal pathways for Afghans still seeking protection..

In March 2024, the Department of Homeland Security issued new guidance that requires a thorough “humanitarian review” before any removal of Afghan nationals can proceed, effectively curtailing the ability of agencies to execute the kind of rapid deportation outlined in the earlier documents. Nonetheless, the existence of the plan suggests that a segment of the bureaucracy continues to view deportation as a viable solution for the small number of detainees who have not secured legal status.The release of the documents has sparked a broader debate about the United States’ obligations to refugees and the limits of executive power in immigration matters. Lawmakers from both parties have called for hearings to examine the legality and morality of returning individuals to a country where the Taliban regime has been accused of widespread human rights abuses..

Some members of Congress have introduced legislation that would prohibit the use of third‑country transit points for the removal of Afghan nationals, arguing that such practices “undermine America’s commitment to protecting those fleeing persecution.” The administration, while not commenting directly on the specific plan, has reiterated its commitment to upholding international norms and ensuring that any removal is conducted in.