A 47-year-old lawful permanent resident living in Texas was deported to Afghanistan after conceding she was an alien terrorist, marking the first time the Justice Department has used a secretive federal court established three decades ago.
The deportation of Nazira Haji Zada concludes a high-stakes legal confrontation that tested the constitutional limits of the Alien Terrorist Removal Court (ATRC), a specialized tribunal created by Congress in 1996 that had gone unused in the decades since its inception. Federal authorities arrested Haji Zada in July at her home in Fort Worth, Texas, filing an application to remove her from the United States over allegations that she aided an ISIS-inspired plot.
An Obscure Court Activates After Three Decades
The tribunal convened for its first hearing on July 30 before Chief Judge Joan Ericksen, who normally serves as a federal judge in Minnesota and was appointed by the U.S. chief justice alongside four other district court judges. The court is specifically authorized to conduct deportation proceedings for noncitizens whom the Justice Department classifies as alien terrorists, utilizing a lower legal standard than what is required in traditional criminal trials.
While Haji Zada was never charged with a crime, federal prosecutors alleged that she acted as the matriarch of an Afghan family involved in a failed mass-shooting plot targeting large gatherings of voters on Election Day in 2024. Investigators stated that her son, Abdullah Haji Zada, and her son-in-law, Nasir Ahmad Tawhedi, had purchased two AK-47 rifles, ammunition, and magazines before their arrests by authorities in Oklahoma on October 7, 2024.
“This is a historic and vitally important step in our work to protect the U.S. homeland from terrorism. An individual who supported a plot by ISIS-sympathizing family members to commit an attack in America has paid the price for that.”
FBI Director Kash Patel, via NTD
Both male family members have since faced criminal prosecution. Abdullah Haji Zada pleaded guilty and received a 15-year prison sentence, with court records indicating he is also under an order to be removed from the U.S. after his term ends. Tawhedi pleaded guilty to conspiring and attempting to provide material support to the Islamic State group, and he is awaiting sentencing.
Due Process Concerns and the Path to Deportation
The swift resolution of the case averted a protracted legal battle over the constitutionality of the tribunal. Public defenders representing Haji Zada initially mounted an aggressive defense, arguing that the court’s framework violated due process rights under the First, Fourth, Fifth, and Sixth amendments.
Under the rules governing the tribunal, the government is permitted to rely on classified evidence that targets—including legal permanent residents—are barred from reviewing or legally challenging. Defense attorneys argued that dragging lawful permanent residents into court without showing them the underlying evidence is unconstitutional.
“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.”
Public Defender Matthew Farley, via Associated Press and The Baltimore Sun
Despite those challenges, unsealed court documents revealed that the Justice Department shared half a terabyte of documents with the defense team. On August 20, Judge Ericksen signed an order of removal after Haji Zada conceded that she is an alien terrorist and waived her right to appeal, terminating her legal status and leaving her permanently barred from returning to the United States.
Government Response and Future Enforcement
Administration officials hailed the outcome as a major victory for national security, emphasizing that the deployment of the long-dormant tribunal demonstrates the government’s intent to utilize every available mechanism to deport noncitizens suspected of terrorist ties.
“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.”
Attorney General Todd Blanche, via CBS News
Defense attorneys maintained that their client’s choice to consent to removal and return to Afghanistan should not be seen as an endorsement of the court’s legitimacy. Whether the Justice Department will activate the obscure court again remains uncertain, as legal experts continue to debate whether the tribunal’s secretive evidentiary rules can withstand future constitutional challenges.
