A 47-year-old Afghan citizen, Nazira Haji Zada, has become the first individual deported from the United States through the Alien Terrorist Removal Court (ATRC). Haji Zada, a lawful permanent resident living in Fort Worth, Texas, opted to leave the country rather than continue to contest her case before the specialized tribunal.
The ATRC, established by Congress in 1996, had not previously been utilized until these proceedings in July. The court is designed to handle cases involving non-U.S. citizens accused of terrorism-related offenses when the evidence is classified and involves national security concerns.
Haji Zada herself was never formally charged with a crime. However, prosecutors had successfully convicted her son, Abdullah Haji Zada, and her son-in-law, Nasir Ahmad Tawhed, for terrorism offenses. The two men were found guilty of plotting a mass shooting intended for Election Day in 2024, reportedly inspired by the group calling itself Islamic State. Prosecutors identified Haji Zada as the "matriarch" of the group, who allegedly worked to "radicalize the family."
According to a statement from the U.S. Department of Justice (DOJ), Haji Zada "conceded that she is an alien terrorist and waived appeal of the removal order, terminating her previous [immigration] status."
U.S. Attorney General Todd Blanche stated that the case was "a win for national security and the rule of law," adding that "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."
However, court-appointed lawyers for Haji Zada reported being denied access to the evidence presented against their client. Public defenders Matthew Farley and Mary Manning Petras stated that their client's decision to consent to removal should not be interpreted as an endorsement of the court's legality. They argued that "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 lawyers expressed confidence that the ATRC would ultimately be deemed unconstitutional if the issue is brought before a judge. Haji Zada's deportation marks a significant, albeit controversial, development in the application of national security-related immigration law.