The Trump administration secured a victory in its first-ever case in the Alien Terrorist Removal Court, securing the deportation and “alien terrorist” designation of an Afghan woman accused of supporting the Islamic State group, often known as ISIS.
Court documents unsealed Friday reveal the Department of Justice obtained a removal order for Nazira Haji Zada on Aug. 20. Haji Zada had been accused of playing a role in plotting to commit a foiled terrorist attack in support of ISIS. Court records state she conceded she was an “alien terrorist” and was deported to Afghanistan on Aug. 25. She has also waived her right to appeal the removal order.
“The landmark case, resulting in the prompt removal of this alien terrorist to her country of origin, is a win for national security and the rule of law,” Attorney General Todd Blanche said in a statement Friday. “Those who support and condone terrorism should not be living in the United States, and this first-ever case before the ATRC shows how the Department will use every tool at its disposal to protect our country.”
Lawyers for Haji Zada did not immediately respond to MS NOW’s request for comment.
The DOJ activated the ATRC in July when it brought its case against Haji Zada. Prosecutors alleged she assisted her son and son-in-law with plotting a mass shooting that was intended to occur on Election Day in 2024.
Haji Zada’s son and son-in-law have already pleaded guilty to charges related to the foiled attack. Both men were sentenced to prison and will be deported after they complete their sentences.
The ATRC was created by Congress in 1996 to preside over deportation proceedings that largely rely on classified information — but has gone unused until the case involving Haji Zada.
Much of the evidence against Haji Zada remains classified, leaving many questions about the allegations she faced. She had not been publicly charged with a crime, but an unclassified summary of her case compiled by the FBI alleges she “formally pledged her loyalty to ISIS and “worked to indoctrinate her children with ISIS ideology.”
The court held its inaugural public hearing in July, in which the government moved for her deportation. The federal public defenders appointed to represent Haji Zada argued the case itself was a violation of her due process rights, pointing to the scant public evidence in favor of her removal.
In a court filing, lawyers for Haji Zada said they also did not have access to that evidence. “The government has denied Ms. Haji Zada’s counsel access to these materials although one of her attorneys possesses the necessary security clearance to review the materials,” they wrote. “Thus, neither Ms. Haji Zada nor her counsel have seen the evidence that allegedly supports her removal.”
“The Alien Terrorist Removal statutes satisfy due process and strike a careful balance protecting national security and the Constitution,” the DOJ responded in a court filing. “To the extent that there are any remaining due process concerns, [Haji Zada] has already been provided with voluminous unclassified discovery and materials, even though not required by statute.”
The court’s chief judge, U.S. District Judge Joan N. Ericksen, had initially set another hearing for Aug. 27. That hearing was canceled Aug. 20, the same day the parties reached an agreement for Haji Zada’s deportation.
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