Justice Department Brings First Case in 1996 'Alien Terrorist Removal Court'; Afghan Woman Contests Deportation
The Facts
- The Justice Department filed the first-ever application in the Alien Terrorist Removal Court on July 15, seeking the removal of Nazira Haji Zada, a 47-year-old Afghan national and lawful permanent resident living in Fort Worth, Texas.
- Congress created the Alien Terrorist Removal Court in 1996, and it had never received a petition or convened until this case.
- The court held its first hearing Thursday in Washington, D.C., before Chief Judge Joan Ericksen, who normally sits as a federal judge in Minnesota.
- Zada was arrested at her home in Fort Worth earlier in the week and has not been charged with any crime.
- Prosecutors allege Zada supported an Islamic State-inspired plot to carry out a mass shooting on Election Day in 2024; an FBI memo dated July 15 said the bureau had "developed information" that she is an ISIS supporter who had her children pledge loyalty to the group.
- Her son, Abdullah Haji Zada, and son-in-law, Nasir Ahmad Tawhedi, both pleaded guilty last year in Oklahoma to terrorism-related charges connected to the same alleged plot; Abdullah was sentenced to 15 years in prison.
- The proceeding is civil rather than criminal, allows the government to present classified evidence, and permits removal under a lower standard of proof than would be required for a criminal conviction; appeals from the court go to the U.S. Court of Appeals for the D.C. Circuit.
- Federal public defender Matthew Farley told the court, "This entire scheme is in violation of due process and unconstitutional," and argued the court's procedures conflict with several constitutional amendments; Judge Ericksen denied his motions to dismiss and to release Zada but said they could be renewed.
- Acting Attorney General Todd Blanche defended the filing, saying Congress created the court three decades ago to remove from the United States "alien terrorists who never should have been here in the first place."
Context
What is the Alien Terrorist Removal Court?
It is a special tribunal created by Congress in 1996 to let the government seek deportation of noncitizens it accuses of terrorism, using classified evidence NPR,USA Today. Much of the evidence is presented in secret, and defendants cannot challenge how it was collected, according to The New York Times NYT. Removal can be sought under a lower standard of proof than a criminal conviction requires, and the proceeding is civil, not criminal — "This is not a criminal matter. This is a civil matter," Judge Ericksen said NBC News,Tickle The Wire. Appeals go to the U.S. Court of Appeals for the D.C. Circuit NBC News.
What is the government alleging against Nazira Haji Zada?
The Justice Department alleges she is an "alien terrorist" who pledged loyalty to ISIS, helped radicalize family members, and supported a plot by her son and son-in-law to carry out an ISIS-inspired attack on Election Day 2024 Washington Times,Aol,Newsweek. An unclassified FBI summary filed with the application says she had her children pledge allegiance to the group U.S. News & World R…,India Today. She has not been charged with a crime NBC News,Tickle The Wire.
What happens next in the case?
Judge Ericksen denied the defense requests to dismiss the case and release Zada, but said the motions can be renewed as the case proceeds in Washington U.S. News & World R…. The detention question is expected to be revisited at a subsequent hearing CBS News. CNN reported the constitutional arguments raised by Zada's lawyers set up a test of the administration's decision to activate the court CNN International.
Where Left and Right agree, and where they split
- Where Left and Right agree
- Nobody disputes the mechanics: a lawful permanent resident charged with no crime faces removal in a civil proceeding using classified evidence and a lower standard of proof.
- Where Left and Right split
- Secret evidence a resident cannot see or contest, or Congress's own removal statute finally being used as written against an alleged ISIS plot.
How left and right read it
A court Congress built in 1996 and never once convened has now been switched on, and its first target is a 47-year-old lawful permanent resident arrested at her Fort Worth home and charged with no crime. The proceeding is civil, the standard of proof is lower than a conviction requires, and the government may present classified evidence. Her defender called the whole scheme unconstitutional. Secret evidence you cannot see is not a process anyone can contest.
“The case is a test of the Alien Terrorist Removal Court, where much of the evidence is presented in secret and defendants cannot challenge how it was collected.” — The New York Times
The Justice Department filed its application on July 15 in a court Congress created in 1996 and no administration had ever used, and a federal chief judge heard the arguments, denied the motions, and left them open to renewal, with appeals running to the D.C. Circuit. That is a statutory channel used as written. Residency here is a privilege, extended on the condition that it not be turned against the country that granted it — a family matriarch alleged to have backed an Election Day ISIS plot whose son and son-in-law already pleaded guilty tests exactly that condition. Use the authority Congress wrote.
“Zada, the matriarch of an alien Afghan family, is being removed for her role in a plot to commit an ISIS-inspired mass shooting on Election Day in 2024” — Townhall
The receipts — 77 sources
Wire services (10)
Independent coverage (67)
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