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Due ProcessLegal Precedent· 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

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

Why this matters

The activation of a dormant 1996 court establishes a new administrative pathway for the government to deport lawful permanent residents based on classified intelligence they cannot fully review. If the Justice Department expands its use, it could fundamentally alter the due process rights afforded to non-citizens in national security cases.

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][5]

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][3]

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][4]

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][4]

Under the court's rules, the government can present classified evidence to the judges that the defendant is never allowed to see.

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][5]

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][4][5]

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][4]

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][5]

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.

Sources

Source coverage

5 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]PUKMEDIADue Process Concerns

    Afghan Woman Deported from U.S. in First Use of Secretive Terrorism Court

    Read on PUKMEDIA
  4. [4]Court WatchNational Security Focus

    DOJ Secures Legal Victory In First Alien Terrorist Removal

    Read on Court Watch
  5. [5]NewsmaxNational Security Focus

    DOJ Deports Afghan Woman in Historic Terror Court Case

    Read on Newsmax

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