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

An Afghan woman accused of supporting the ISIL (ISIS) armed group has been deported from the United States in the first case brought before an obscure and long-dormant court created 30 years ago to remove people classified by the government as “alien terrorists”.

The US Department of Justice (DOJ) announced on Friday that Nazira Haji Zada was deported to Afghanistan after being brought before the Alien Terrorist Removal Court.

The 47-year-old lawful permanent resident, who had been living in Fort Worth, Texas, was arrested in 2024. US Attorney General Todd Blanche filed the papers for her removal on July 15 this year. She waived her rights to challenge her detention and was subsequently deported to Afghanistan.

The DOJ accused Haji Zada of helping conceal an ISIL-inspired plot for a mass shooting in the US state of Oklahoma on election day in 2024. She was never charged with a crime, but her son, Abdullah Haji Zada, and son-in-law, Nasir Ahmad Tawhedi, pleaded guilty to related charges.

The Alien Terrorist Removal Court was created by Congress in 1996 as part of a broader effort to combat international terrorism. It is a specialised US federal court made up of five judges serving staggered five-year terms. It allows the US government to submit classified information in cases where disclosure could threaten national security, while requiring an unclassified summary that the court determines is sufficient for the accused to prepare a defence. The government must prove  with strong evidence that the person is an “alien terrorist”.

The defence said that bringing lawful permanent residents before a court while withholding the evidence against them violated due process and predicted the court would eventually be found unconstitutional.

DOJ officials described the deportation as a national security victory.

“Those who support and condone terrorism should not be living in the United States,” Attorney General Todd Blanche said, adding that the case showed the department would use “every tool at its disposal” to protect the country.

Haji Zada’s attorneys said her decision to consent to removal “should not be seen as an endorsement of this court’s legitimacy.”

“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 defence lawyers 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.”

It is unclear whether the DOJ would pursue additional cases through the previously unused court.