A federal judge asked if Iranians would be sent back to face ‘a serious threat of certain death’ mid-war, and a DOJ lawyer said ‘yes, your honor’

The Trump administration has told a federal court it is working with the Iranian government to deport Iranian nationals, even as the United States remains at war with the country. According to court documents obtained by the Associated Press, the administration confirmed it has been working on logistics to send detainees back through unnamed third countries. The Iranian American Legal Defense Fund, which represents Iranians in ICE custody, said at least a dozen detainees received deportation notifications over the past week.

“We are at war with a country where the President of the United States has said, as recently as two or three days ago, if not yesterday, that it is essentially lawless,” U.S. District Judge Ana Reyes said during the Oct. 15 hearing. “A country that, according to our president, murdered tens of thousands of protestors.”

Reyes then asked, “And what you’re telling me is that the United States of America is going to send individuals back to that region, facing what you and I and everyone who would ever look at this would know would be, at a minimum, a serious threat of certain death?” In response, Justice Department attorney Dimitar Georgiev-Remmel said, “Yes, your honor. The government is executing lawful orders of removal.”

Iran would handle the final leg from a third country

According to ABC News, Georgiev-Remmel told the judge that the U.S. would “facilitate the travel” of Iranian detainees to a third country, and that Iran would coordinate transport from there. Reyes ordered the government to give the court at least five days’ notice before any Iranian is “placed on a transport vehicle” for removal, and 24 hours’ notice of any finalized removal plan.

“We are talking about sending individuals in our care and custody to a country that we have bombed and we may continue bombing, and is a declared enemy of this country,” Reyes said. “It is like saying we have individuals in 1942 in this country that we are going to send back to Nazi Germany. That is the equivalent of what you are telling me.” She also warned the administration that she would start contempt proceedings if either order was violated.

Earlier this year, AP News reported on hundreds of emails released by the National Iranian American Council showing that U.S. immigration officials coordinated deportations with Iran, flying more than 100 Iranians back on three separate flights between September 2025 and January 2026. The records suggest that Iranian officials held some influence over the deportation lists, with U.S. officials at times amending manifests at the request of the Iranian Embassy.

The emails reportedly show the cooperation continued during the 12-day conflict between the U.S., Israel, and Iran in June 2025. Per AP, then-acting ICE director Todd Lyons identified the repatriation of Iranians as a “priority” during that period.

The Iranian American Legal Defense Fund, which brought the lawsuit, alleges that U.S. agencies have shared confidential information about asylum seekers with the Iranian government. The group also alleges a coordinated effort to identify and pressure Iranians to leave. DHS has denied the claims, calling the allegations “FALSE” and stating that “ICE works with every country to get travel documents for detainees.”

Yasmine Chubin, executive director of the Iranian American Legal Defense Fund, told AP that at least one detainee attempted suicide after learning he might be returned to Iran. “Some of those same asylum applicants, and others who could face the same death, are being sent back, all against a backdrop of further and intensifying U.S. bombing of Iran. This flight must be stopped,” Chubin said.