A 47-year-old lawful permanent resident in Texas has been deported to Afghanistan after conceding she was an alien terrorist in a secretive federal court that was established three decades ago but held its first-ever hearing in July 2024, court records show.
The Alien Terrorist Removal Court, which remained dormant for 30 years following its creation by Congress in 1996, saw its first proceeding when Judge Joan Ericksen presided over the hearing in Washington on July 30, 2024. The defendant, Nazira Haji Zada of Fort Worth, Texas, was arrested in July under a Justice Department application to deport her from the United States. Federal prosecutors stated that she supported her son and son-in-law in an ISIS-inspired plot to carry out a mass shooting on Election Day in 2024. Although she was never criminally charged, her family members faced prosecution and conviction in Oklahoma.
Inside the 30-Year Dormancy of the Alien Terrorist Removal Court
Congress established the specialized court in 1996 in the wake of the Oklahoma City bombing, designing it specifically to allow the government to deport noncitizens who could not be removed through traditional legal proceedings because their case files contained classified information that could not be made public for national security reasons. The framework operates under a lower standard of proof than a criminal trial and permits the use of secret evidence.
For three decades, prior administrations bypassed the tribunal, choosing instead to prosecute suspected terrorists in standard criminal courts or through administrative immigration proceedings due to concerns over due process and the availability of alternative deportation channels, as noted by the Brennan Center. The court comprises five federal district judges appointed by the Chief Justice of the United States. When the Justice Department filed its application against Haji Zada on July 15, 2024, it marked the first time the court had received a petition since its inception.
Allegations Involving the 2024 Election Day Plot
The Justice Department described Haji Zada as the matriarch of an alien Afghan family involved in plotting an attack on American voters. According to federal court filings, her son, Abdullah Haji Zada, and son-in-law, Nasir Ahmad Tawhedi, had purchased two AK-47-style rifles, ammunition, and magazines to target large crowds on Nov. 5, 2024. Investigators stated that the conspirators intended to die as martyrs on behalf of ISIS.
Afghan Woman Faces Deportation in Texas Case || DOJ Activates Alien Terrorist Court After 30 Years |
Federal officials alleged that Haji Zada helped conceal the failed mass-shooting plot and worked to radicalize her children. Prosecutors shared approximately half a terabyte of documents with her defense lawyers to substantiate the allegations. Court documents indicated that she had signed a contract to sell the family home and that family members had purchased one-way plane tickets to Kabul, Afghanistan, to leave just before the planned attack.
Both male family members were arrested by authorities in Oklahoma on Oct. 7, 2024. Tawhedi pleaded guilty to conspiring and attempting to provide material support to the Islamic State group, while Abdullah Haji Zada, who was 17 at the time of his arrest, pleaded guilty as an adult and was sentenced to 15 years in prison, with an order for removal following his release.
Defense Protests and the Constitutional Debate Over Secretive Proceedings
Public defenders representing Haji Zada mounted an aggressive constitutional challenge during the summer proceedings, arguing that the tribunal’s framework violated due process. Under the rules governing the court, targets of removal proceedings are barred from reviewing the classified evidence compiled against them and cannot legally challenge how investigators collected that intelligence.
“Dragging lawful permanent residents into court but refusing to show them or their attorneys the evidence that will be used against them is a plain violation of due process. We are confident that the Alien Terrorist Removal Court will be struck down as unconstitutional as soon as a judge is asked to address the issue.”
Photo: baltimoresun.com
Matthew Farley, Public Defender via CBS News and Associated Press
At the July 30 hearing in Washington, defense attorney Matthew Farley urged Judge Ericksen to dismiss the case and immediately release his client, arguing that the administration’s activation of the court violated rights under the First, Fourth, Fifth, and Sixth Amendments. Ericksen denied the motion for immediate release while leaving room to address constitutional challenges in subsequent hearings. However, the legal battle was cut short when unsealed court documents revealed that Haji Zada chose to concede the case rather than continue litigating.
Deportation and the Final Legal Resolution
Chief Judge Ericksen issued an order of removal on Aug. 20, 2024. The Justice Department announced on Friday, Sept. 11, 2024, that Haji Zada had waived her right to appeal, terminated her lawful permanent resident status, and agreed to be removed to Afghanistan.
first-of-its-kind deportation of an Afghan woman through the secretive Alien Terrorist Removal Court
“This landmark case, resulting in the prompt removal of this alien terrorist to her country of origin, is a win for national security and the rule of law. Those who support and condone terrorism should not be living in the United States, and this first-ever case before the ATRC shows how the Department will use every tool at its disposal to protect our country.”
Todd Blanche, U.S. Attorney General via CBS News
While federal officials hailed the outcome as a victory for domestic security, Haji Zada’s defense team emphasized that her agreement to leave the United States should not be interpreted as an endorsement of the court’s legitimacy. Homeland Security Secretary Markwayne Mullin also defended the action, stating that authorities would continue searching for individuals who plot against the country and use every lawful tool available to remove them.
