The U.S. Department of Justice has made history by utilizing the Alien Terrorist Removal Court (ATRC) for the first time to deport a legal resident accused of terrorism-related activities. Nazira Haji Zada, a 47-year-old Afghan national, was removed from the United States after admitting to being an alien terrorist.
This unprecedented case highlights the government’s use of a specialized court designed to handle national security threats more efficiently. The ATRC, established by Congress in 1996, allows for a lower standard of proof and the use of classified evidence to deport individuals deemed threats to national security.
The Alleged Plot and Legal Proceedings
Prosecutors alleged that Haji Zada supported a plan by her son and son-in-law to carry out an ISIS-inspired mass shooting on Election Day in 2024. Her son, Abdullah Haji Zada, 19, was sentenced to 15 years in prison for his role in the plot. Haji Zada was arrested in July at her home in Fort Worth, Texas, and had an initial hearing later that month.
Instead of pursuing criminal charges, the Justice Department opted for civil proceedings through the ATRC. On August 20, Haji Zada waived her rights to challenge the detention and agreed to deportation. Senior U.S. District Judge Joan Ericksen ordered her removal the same day. The court documents were unsealed and released to the public on Friday.
Controversies and Legal Challenges
Haji Zada’s court-appointed attorneys, Matthew Farley and Mary Manning Petras, contested the constitutionality of the case. They argued that they were not permitted to review the evidence, which remains classified due to national security concerns. In a statement, the attorneys emphasized that their client’s decision to consent to removal should not be seen as an endorsement of the court’s legitimacy.
“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,” the statement read. “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.”
The Role of the ATRC
The ATRC was created to streamline the deportation process for individuals deemed threats to national security. It allows the use of classified evidence that might not be admissible in traditional courts. Attorney General Todd Blanche approved the government’s application before it went to the judge.
“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,” Blanche stated. “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.”
The Background and Allegations
Haji Zada came to the U.S. as a lawful permanent resident in 2018. Her husband worked at Bagram Air Base from 2009 to 2016. U.S. authorities alleged that Haji Zada, as the family’s matriarch, worked to radicalize her family and pledged loyalty to ISIS. She and her son-in-law allegedly indoctrinated her children with ISIS ideology.
The family allegedly raised funds for the terrorist attack by selling off furniture, computers, a mobile phone, and two vehicles. They also signed a contract to sell their home. According to court documents, Haji Zada planned to move to an ISIS-controlled location with other female and young male family members, while her son and son-in-law would remain behind to commit the attack.
Nasir Ahmad Tawhedi, Haji Zada’s son-in-law, admitted to conspiring with at least one other person to purchase two AK-47 rifles, 500 rounds of ammunition, and 10 magazines between June 2024 and October 2024. He communicated with an ISIS facilitator about his plan to buy the firearms for the plot.
Tawhedi, 28, pled guilty to two terrorism-related charges. Haji Zada’s son and son-in-law were previously convicted for their part in the alleged plot and will be deported following their release from prison.
The successful use of the ATRC marks a significant development in the government’s efforts to combat terrorism and protect national security. The case sets a precedent for future deportations of individuals accused of terrorism-related activities.
