First Case in Special Court: Deportation of ‘Alien Terrorist’

The U.S. Department of Justice, for the first time, used an undeveloped special court to deport a legal U.S. resident to Afghanistan. This move followed her admission of being an ‘alien terrorist.’ Court documents indicate Nazira Haji Zada, originally from Afghanistan, supported a plan for a mass shooting inspired by the Islamic State in 2024. Her son and son-in-law, already sentenced, are set for deportation post-prison.

Haji Zada, residing in Fort Worth, Texas, was arrested in July. Rather than criminal charges, the Justice Department instigated civil proceedings in the Alien Terrorist Removal Court. Created by Congress in 1996, this court facilitates deportations using classified evidence deemed a national security risk.

On August 20, Haji Zada waived her rights to challenge her detention, agreeing to deportation. Senior U.S. District Judge Joan Ericksen ordered her removal on the same day. Her admission won’t affect criminal charges, and related documents were publicly released.

Attorneys Matthew Farley and Mary Manning Petras, appointed for Haji Zada, criticized the evidence secrecy and questioned the court’s constitutionality. They emphasized due process violations, as they couldn’t access the evidence used against their client. Despite consenting to removal, they refrained from endorsing the court’s legitimacy.

Haji Zada joined the U.S. in 2018 as a lawful resident. Her husband worked at Bagram Air Base until it transitioned to Afghan control in 2021. U.S. authorities accuse her of radicalizing her family, pledging allegiance to ISIS, and indoctrinating her children with its ideologies.

Prosecutors allege she and her son-in-law raised funds for the attack by selling household items and planned relocating to an ISIS-controlled area. They reportedly misled her ‘unsuspecting husband’ about their actions. The attack would see her son and son-in-law stay behind.

Court records reveal her son-in-law, Nasir Ahmad Tawhedi, admitted conspiring to buy firearms for the attack. He pleaded guilty to terrorism-related charges. Attorney General Todd Blanche sanctioned the government’s application in this landmark use of the special court. He regarded the outcome as a victory for national security and the rule of law.