The U.S. Department of Justice (DOJ) is seeking to deport Nazira Haji Zada, a lawful permanent resident accused of aiding an ISIS plot, through a dormant 1996 court designed to expel alien terrorists.
The Department of Justice (DOJ) invoked a rarely used legal mechanism to deport Nazira Haji Zada, a lawful permanent resident of the United States, through the Alien Terrorist Removal Court—a tribunal established in 1996 but never activated until this week. The move, approved by Acting Attorney General Todd Blanche, hinges on allegations that Haji Zada, 47, supported a plot by her son and son-in-law to carry out a mass casualty
attack on American voters during Election Day 2024. The court’s chief judge, Joan Ericksen, found probable cause to proceed with the deportation, though she emphasized the case is at an early stage
.
The Unprecedented Use of the Alien Terrorist Removal Court
The Alien Terrorist Removal Court, created by Congress in 1996, was designed to expel individuals deemed alien terrorists
who never should have been here in the first place. Despite its existence, the court had never received a petition until the DOJ filed one for Haji Zada this month. Congress created the Alien Terrorist Removal Court three decades ago to remove from the United States alien terrorists who never should have been here in the first place,
Blanche said in a statement. The court’s five judges, appointed by Supreme Court Chief Justice John Roberts, will oversee the proceedings, with the initial status hearing scheduled for Thursday in Washington, D.C.
Legal Proceedings and Judicial Skepticism
Judge Ericksen, a federal judge from Minnesota, noted that the government’s case against Haji Zada is at an early stage
and that she has questions about the government’s case.
She also highlighted the need to balance counterterrorism efforts with due process, stating that respect for the Government’s conclusions is appropriate
in the initial phase but that drawing factual inferences in this area
requires caution. Haji Zada, who was arrested earlier this week, is expected to appear at the hearing. Her legal team has not yet commented publicly, though court filings from her son’s case describe her as illiterate and speaks no English,
relying on her teenage son for translation.
The DOJ’s application includes references to an FBI memo dated July 15, which alleges that Haji Zada “supported” a plot by relatives to carry out an ISIS-inspired attack in the U.S. The memo also states that it developed information
that Nazira is an Islamic State supporter who had her children pledge their loyalty to the terrorist group. The court’s proceedings are being held at the federal courthouse in Washington, D.C., despite the judge’s Minnesota-based jurisdiction.
