In a landmark decision, the US Department of Justice announced that Nazira Haji Zada, a 47‑year‑old Afghan who had lived in Fort Worth, Texas, has been deported to Afghanistan after opting to leave the country instead of proceeding with her case before the Alien Terrorist Removal Court (ATRC).
The ATRC, established in 1996, had never before heard a case until July. It is designed for non‑US citizens facing terrorism‑related charges when evidence is classified for national security reasons. Haji Zada, who holds legal permanent residency, was never charged with a crime; however, prosecutors had convicted her son and son‑in‑law for a plot to carry out a mass shooting on Election Day 2024, allegedly inspired by the Islamic State.
Lawyers for Haji Zada argued that the court violated her constitutional right to due process, claiming she was denied access to the evidence used against her. Public defenders Matthew Farley and Mary Manning Petras stated that “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.”
In a statement, the justice department said Haji Zada “conceded that she is an alien terrorist and waived appeal of the removal order, terminating her previous immigration status.” US Attorney General Todd Blanche called the removal a win for national security and the rule of law, noting that the first-ever case before the ATRC demonstrates the Department’s commitment to protecting the country.
The case raises questions about the balance between national security and individual rights, and whether the ATRC will face constitutional challenges in the future. For now, Haji Zada has been returned to Afghanistan, marking the first use of the court in a deportation proceeding.
