Afghan woman deported in first use of US Alien Terrorist Removal Court
An Afghan lawful permanent resident, Nazira Haji Zada, has been deported to Afghanistan after being placed before the Alien Terrorist Removal Court — the first time the specialised 1996 tribunal has been used. The Department of Justice said she was removed after waiving her rights to contest detention in a case alleging she helped conceal an ISIL-inspired plot tied to a planned 2024 Oklahoma election-day mass shooting.
Why It Matters
This marks the inaugural use of a long-dormant federal body designed to handle cases involving classified evidence and national security, raising novel due-process and constitutional questions about how lawful permanent residents can be removed on terrorism grounds. The outcome could shape whether the Justice Department pursues similar removals through that court in future national security cases.
Key Facts
- Court created: 1996
- First use of court: Nazira Haji Zada deportation
- Deported person: Nazira Haji Zada
- Age: 47
- Residency status: Lawful permanent resident
The Department of Justice announced the deportation of Nazira Haji Zada to Afghanistan after she was brought before the previously unused Alien Terrorist Removal Court. The move follows her arrest in 2024 and, according to the DOJ, her decision to waive the right to contest her detention. The agency filed removal papers on July 15 and said the removal advanced national security objectives.
The DOJ alleges Haji Zada assisted in concealing an ISIL-inspired plan for a mass shooting in Oklahoma scheduled for election day in 2024. She was not criminally charged in the United States; two relatives named by the department — her son Abdullah Haji Zada and her son-in-law Nasir Ahmad Tawhedi — pleaded guilty to related offenses. Federal authorities characterized the deportation as a successful use of available tools to keep those who support terrorism out of the country.
Congress created the Alien Terrorist Removal Court in 1996 to allow the government to pursue removal of noncitizens it deems ‘‘alien terrorists’’ while handling classified evidence that could not be publicly disclosed. The court is composed of five judges who serve staggered five-year terms. Its procedures permit the government to present classified information under seal while providing an unclassified summary that the court must determine is sufficient for the individual to mount a defense, and the government must meet a high evidentiary standard to establish someone is an "alien terrorist."
Defense lawyers criticized the proceeding, arguing that subjecting lawful permanent residents to a process that withholds the evidence against them violates due process and risks constitutional review. They said Haji Zada’s consent to removal should not be interpreted as acceptance of the court’s legality and expressed confidence the tribunal will ultimately be ruled unconstitutional if a judge examines those issues. The Justice Department has not indicated whether it will file additional cases through the court.
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