Justice Department secures first-ever deportation in Alien Terrorist Removal Court
An Afghan permanent resident living in Texas has been deported after the Justice Department accused her of being an "alien terrorist," marking the first case of its kind, the department announced on Friday.
Nazira Haji Zada, 47, chose to leave the United States rather than continue litigating the case in the Alien Terrorist Removal Court, the department said.
The Alien Terrorist Removal Court was established in 1996 to enable the government to deport noncitizens who could not be removed through the traditional legal process because their case information was classified and could not be made public for national security reasons.
Public defenders representing Haji Zada initially stated she intended to oppose the government’s efforts to deport her, arguing that the court’s secretive rules violated her due process rights.
Targets of the court’s noncitizen terrorist removal proceedings— including legal permanent residents — are not allowed to review the classified evidence against them. And unlike criminal proceedings, targets cannot legally challenge how the government collected the evidence.
Haji Zada has never been charged with a crime. However, her son, Abdullah Haji Zada, and son-in-law, Nasir Ahmad Tawhedi, were both prosecuted and convicted for a plot to carry out an ISIS-inspired mass shooting on Election Day in 2024.
The Justice Department alleged that Haji Zada supported their plans and worked to try to radicalize her children to support ISIS.
The Justice Department said on Friday that it shared half a terabyte of documents with her lawyers to support its evidence that she is an alien terrorist. Haji Zada "conceded that she is an alien terrorist and waived appeal of the removal order, terminating her previous status," the department said in a press release.
"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," Attorney General Todd Blanche said in a statement. "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."
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