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Due ProcessLegal Precedent· Updated · 3 min read· in News & Politics

US Deports Afghan Woman in First-Ever Use of Secretive Alien Terrorist Removal Court

The Justice Department has deported a lawful permanent resident using a 1996 tribunal that relies on classified evidence, sparking warnings from defense attorneys over due process rights.

By Mariana Costa

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The United States has deported a 47-year-old Afghan woman using a secretive federal tribunal that relies on classified evidence, marking the first time the government has successfully utilized the Alien Terrorist Removal Court since its creation in 1996.[1][2]

Nazira Haji Zada, a lawful permanent resident who lived in Fort Worth, Texas, was deported to Afghanistan on Friday after the Department of Justice accused her of helping conceal an ISIL-inspired plot. The alleged conspiracy involved a planned mass shooting in Oklahoma on Election Day in 2024.[2][4]

Crucially, federal prosecutors never charged Haji Zada with a crime. While her son, Abdullah Haji Zada, and son-in-law, Nasir Ahmad Tawhedi, pleaded guilty to related terrorism charges, the government opted to pursue Haji Zada's removal through the specialized immigration court rather than the standard criminal justice system.[1][2]

Congress established the Alien Terrorist Removal Court in 1996, designing it to handle cases where disclosing intelligence in open court could compromise national security. The tribunal consists of five federal judges serving staggered five-year terms.[2][3]

The 1996 statute allows the government to withhold classified evidence from the defense, providing only an unclassified summary.

Under the court's rules, the government can present classified evidence to the judges that the defendant is never allowed to see. The DOJ is only required to provide an unclassified summary that the court deems sufficient for the accused to prepare a defense—a standard that civil liberties advocates argue fundamentally undermines the right to a fair trial.[1][3]

Attorney General Todd Blanche initiated the removal proceedings on July 15, 2026, following Haji Zada's initial arrest in 2024. Rather than litigate the classified evidence, Haji Zada waived her right to challenge the detention and consented to the deportation order.[1][2][4]

The Justice Department celebrated the outcome as a historic milestone for federal law enforcement. "Those who support and condone terrorism should not be living in the United States," Blanche said, adding that the successful deportation demonstrates the department's willingness to deploy "every tool at its disposal" to protect the country.[2][3][4]

Defense attorneys immediately pushed back against the government's framing, emphasizing that Haji Zada's decision to accept removal "should not be seen as an endorsement of this court's legitimacy." They warned that the precedent threatens the legal protections afforded to non-citizens living legally in the United States.[1][2]

Defense attorneys argue the specialized court's reliance on hidden evidence violates the due process rights of lawful permanent residents.

"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," her defense team said in a statement. "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."[1][2][3]

The resolution of the case leaves the constitutionality of the 1996 statute untested by an appellate court. The Justice Department has not indicated if it plans to activate the dormant tribunal for additional deportations, leaving the precedent standing as a new administrative pathway for terrorism-related removals.[2][4]

Viewpoints in depth

Justice Department

Federal prosecutors view the court as a necessary mechanism to protect national security without compromising classified intelligence.

Attorney General Todd Blanche and DOJ officials argue that standard criminal trials or standard immigration proceedings risk exposing sensitive intelligence gathering methods. By utilizing the Alien Terrorist Removal Court, the government can act on credible threats posed by non-citizens without handing classified materials over to the defense. They view the successful deportation as proof of concept for a statute that had remained dormant for 30 years.

Civil Liberties Advocates

Defense attorneys and constitutional scholars argue the court's evidentiary rules violate fundamental due process.

Legal advocates contend that allowing the government to deport lawful permanent residents based on evidence they cannot see or challenge undermines the core tenets of the American justice system. Haji Zada's defense team maintains that providing only an unclassified summary prevents a meaningful defense. They predict that if the DOJ attempts to use the court to force a contested trial, federal appellate courts will ultimately strike the 1996 statute down as unconstitutional.

Key points

  • The DOJ deported 47-year-old Nazira Haji Zada to Afghanistan in the first use of the 1996 Alien Terrorist Removal Court.
  • Haji Zada was accused of concealing an ISIL-inspired Election Day mass shooting plot but was never charged with a crime.
  • The specialized tribunal allows the government to present classified evidence to five federal judges without showing it to the defense.
  • Defense attorneys called the process a "plain violation of due process" and predicted the court will eventually be ruled unconstitutional.

How we got here

  1. 1996

    Congress creates the Alien Terrorist Removal Court to handle classified deportation cases.

  2. 2024

    Nazira Haji Zada is arrested in connection with an ISIL-inspired Election Day plot.

  3. July 15, 2026

    Attorney General Todd Blanche files removal papers, activating the court for the first time.

  4. September 2026

    Haji Zada consents to removal and is deported to Afghanistan.

National Security Focus 50%Due Process Concerns 50%
National Security Focus
Emphasizes the government's successful use of a statutory tool to remove individuals linked to terrorism without compromising classified intelligence.
Due Process Concerns
Highlights the constitutional warnings from defense attorneys regarding the use of secret evidence against lawful permanent residents.

Perspectives this story doesn't cover

  • Immigration Law Scholars
  • Civil Rights Organizations

Sources

Source coverage

4 outlets

2 viewpoints surfaced

National Security Focus 50%Due Process Concerns 50%
  1. [1]The Washington PostNational Security Focus

    Woman deported to Afghanistan in first use of Alien Terrorist Removal Court

    Read on The Washington Post →
  2. [2]Al JazeeraDue Process Concerns

    Afghan woman deported in first use of US Alien Terrorist Removal Court

    Read on Al Jazeera →
  3. [3]Court WatchNational Security Focus

    DOJ Secures Legal Victory In First Alien Terrorist Removal

    Read on Court Watch →
  4. [4]NewsmaxNational Security Focus

    DOJ Deports Afghan Woman in Historic Terror Court Case

    Read on Newsmax →
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