Trump administration removes Afghan national in first use of Alien Terrorist Removal Court

The Justice Department confirmed the removal of an Afghan woman from the United States in the first completed case before a specialized terrorism court that Congress created 30 years ago but had never been used.Nazira Haji Zada, 47, conceded through her lawyers that she qualified as an “alien terrorist” and waived her right to appeal, according to the DOJ on Friday. The woman, who had been residing in Fort Worth, Texas, was returned to Afghanistan and is permanently barred from entering the United States.The Alien Terrorist Removal Court ordered Zada’s removal on Aug. 20. The Trump administration did not disclose her departure until about two weeks after she left the country, saying the delay allowed her to finish traveling before sensitive court records became public. “The Respondent has ostensibly completed her travel to her final destination and there is no longer a need to maintain the aforementioned materials under seal,” government lawyers wrote in an unsealing motion.The filing said 14 days had passed since Zada’s removal. The court unsealed the order Friday with redactions agreed upon by both sides.The government used classified information to establish its case and gave Zada and her two federal public defenders about half a terabyte of supporting documents, according to the Justice Department. She has not been charged with a terrorism-related crime.Prosecutors said Zada supported her son and son-in-law as they planned an Islamic State group-inspired mass shooting around Election Day in 2024. Attorney General Todd Blanche certified the removal application, and Chief Judge Joan Ericksen signed the final order.“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,” Blanche said.Zada’s son, Abdullah Haji Zada, and her son-in-law, Nasir Ahmad Tawhedi, were arrested in October 2024 after buying two AK-47-style rifles and 500 rounds of ammunition from an undercover FBI employee.Abdullah Haji Zada, who was 17 when arrested, pleaded guilty as an adult and received a 15-year prison sentence. Tawhedi pleaded guilty to terrorism and firearms offenses and is awaiting sentencing.TRUMP ADMINISTRATION LAUNCHES FIRST CASE BEFORE DORMANT ‘ALIEN TERRORIST’ COURTCongress established the Alien Terrorist Removal Court in 1996 to handle immigration cases involving classified evidence, but no administration used it until the Trump administration’s second term. The government’s successful removal of Zada could pave the way for the court to hear more cases pertaining to suspected terrorist activities.A special part of the court allows its judges to review information withheld from the public, while the government must prove by a preponderance of the evidence that a noncitizen qualifies as a terrorist. This assessment has drawn criticism of the rarely used court over its lack of typical due process privileges found in typical federal courts.