DOJ Seeks Deportation of Afghan Woman in First Alien Terrorist Removal Court Case

The Justice Department is seeking to deport an Afghan woman and U.S. permanent resident, Nazira Haji Zada, in the first-ever test case before the secretive Alien Terrorist Removal Court, according to multiple reports. The DOJ alleges that Haji Zada, a 47-year-old resident of Fort Worth, Texas, supported her son and son-in-law's ISIS-inspired plot targeting the 2024 election.

Haji Zada appeared in court on Thursday wearing a cream-colored head covering and relying on an interpreter to help her understand the proceedings. Her court-appointed lawyer, Matthew Farley, argued that the entire legal process is unfair and unconstitutional, accusing the Justice Department of violating his client's due process rights.

The Alien Terrorist Removal Court was created by Congress in 1996 but had never been used until now. It was set up to deport noncitizens who could not be removed by traditional legal processes because the information about their cases is classified and cannot be made public for national security reasons. The targets of these proceedings are not permitted to review the classified evidence against them, unlike in criminal proceedings.

Haji Zada's son, Abdullah Haji Zada, and her son-in-law, Nasir Ahmad Tawhedi, were convicted last year for purchasing two AK-47-style rifles and 500 rounds of ammunition from an undercover FBI agent as part of the alleged plot. The DOJ alleges that Nazira Haji Zada 'supported' their conspiracy and 'pledged loyalty to ISIS,' working with her son-in-law to radicalize the family.

U.S. District Judge Joan Ericksen, who presides over the case, pressed the government to provide more details about the evidence against Haji Zada during the hearing. She also indicated that she intends to rely on the 'working presumption' that defense counsel will be able to review the classified information.

Acting Attorney General Todd Blanche argued that the court was necessary to adjudicate Haji Zada's case, stating that Congress created the Alien Terrorist Removal Court three decades ago to remove alleged 'alien terrorists' who never should have been in the United States. The FBI claims there is a preponderance of evidence against Nazira but cannot release it publicly due to national security concerns.

Critics argue that the Trump administration is using this court to circumvent due process protections and advance its mass deportation agenda. Farley called the hearing 'a runaround for bringing a criminal case' and accused the administration of violating due process. The judge acknowledged that the court was still establishing its infrastructure but denied Farley's request to dismiss the case immediately.