A dormant court wakes up

For the first time ever, the Justice Department used the Alien Terrorist Removal Court to strip a lawful US resident of her status and send her to Afghanistan.

Who she is

Nazira Haji Zada, 47, came to the US as a lawful permanent resident in 2018. Her husband worked at Bagram Air Base from 2009 to 2016.

The alleged plot

Prosecutors said she backed a plan by her son and son-in-law for an ISIS-inspired mass shooting on Election Day 2024. Her son got 15 years; her son-in-law pled guilty to two terrorism charges.

Civil case, not criminal

Rather than charge her with a crime, DOJ opened civil proceedings in the secretive court, where the standard of proof for removal is lower.

Built in 1996, unused until now

Congress created the court so the government could deport people using classified evidence it says would endanger national security if disclosed.

She conceded, under protest

On Aug. 20 she waived her right to fight the detention and agreed to leave. Judge Joan Ericksen ordered her removal the same day. Her admission cannot be used in a criminal case.

“should not be seen as an endorsement of this court's legitimacy”

Lawyers never saw the evidence

Her court-appointed attorneys say they were barred from reviewing the classified material against her, and predict the court will be struck down once a judge rules on it.

“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.”

DOJ calls it a template

Attorney General Todd Blanche approved the application himself and framed the outcome as proof the department will reach for any available tool.

“This 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.”