Justice Department Uses Special Court for Deportation Case

The U.S. Justice Department has initiated a case in a seldom-used special court to deport a legal U.S. resident to Afghanistan. This follows her admission of being an “alien terrorist,” as noted in court records. Prosecutors assert Nazira Haji Zada, 47, originally from Afghanistan, was involved in a plot related to an Islamic State-inspired mass shooting planned for Election Day in 2024. Her son and son-in-law have already been charged, and deportation will follow their release from prison.

Haji Zada’s son, Abdullah Haji Zada, 19, has been sentenced to 15 years in prison. Authorities arrested Haji Zada in July at her Fort Worth, Texas home. An initial hearing followed later that month. Rather than pursuing criminal charges, the Justice Department opted for civil proceedings in the Alien Terrorist Removal Court. This newer approach involves a lower proof standard for deportation from the U.S.

The Alien Terrorist Removal Court was established in 1996. It allows the use of classified evidence, positioned as vital to national security, in deportation proceedings.

Court filings, disclosed on Aug. 20, show Haji Zada waived her rights to contest detention, agreeing to deportation, with Senior U.S. District Judge Joan Ericksen ordering her removal the same day. Her admission will remain separate from criminal proceedings. The unsealed documents became publicly accessible on a subsequent Friday. Haji Zada’s court-appointed lawyers, Matthew Farley and Mary Manning Petras, challenged the case’s constitutionality, emphasizing their lack of access to the evidence. The evidence is reportedly classified to avoid risking national security.

Her lawyers expressed in a statement that consenting to removal does not validate the court’s authority. They criticized the procedures for withholding evidence from clients and their legal representation, asserting due process violations. The statement concluded with confidence that the court might be judged unconstitutional.

Haji Zada moved to the U.S. as a permanent resident in 2018. Her husband worked at Bagram Air Base in Afghanistan from 2009 to 2016. As the family’s leader, Haji Zada allegedly radicalized her family, aligning them with ISIS, according to U.S. authorities. The government claims she, along with her son-in-law, indoctrinated her children with ISIS doctrine. They reportedly raised funds for the planned attack by selling household items and properties.

The family’s plan included selling their home and relocating to a territory controlled by ISIS before the attack, keeping this plan secret from her husband. Haji Zada’s son and son-in-law planned to execute the attack in the U.S. Court documents show her son-in-law, Nasir Ahmad Tawhedi, admitted to a plot involving the acquisition of rifles and ammunition for an ISIS-endorsed attack, pledging guilty to terrorism charges.

Attorney General Todd Blanche supported the case, recognizing the importance of utilizing available tools to protect national security. He stated, “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.”