DOJ Activates Dormant Terrorist Court to Deport Afghan National

The United States Department of Justice is seeking the deportation of Nazira Haji Zada, an Afghan national and lawful permanent resident, through the Alien Terrorist Removal Court. This marks the first time the specialized court has been used since its creation in 1996, after remaining dormant for 30 years. The court allows the government to remove noncitizens using classified evidence that cannot be disclosed in traditional removal proceedings.

Government prosecutors allege that Haji Zada is an Islamic State supporter who radicalized her family and aided a plot to launch a mass casualty attack on American voters during the 2024 Election Day. Her son, Abdullah Haji Zada, and her son-in-law, Nasir Ahmad Tawhedi, were previously convicted in Oklahoma for purchasing weapons and ammunition for that plot. FBI agents arrested Haji Zada at her home in Fort Worth, Texas, though she currently faces no criminal charges.

During a public hearing in Washington, D.C., Judge Joan Ericksen denied defense requests to dismiss the case and release Haji Zada. Defense attorney Matthew Farley argued the proceedings are unconstitutional and violate due process, describing the use of the civil court as a way to avoid a criminal case. Judge Ericksen acknowledged the court is operating without a clear blueprint but indicated a presumption that defense counsel would eventually review the classified information.