Afghan Woman Deported in First Case for Dormant US Court
Nazira Haji Zada has been deported to Afghanistan, concluding the first proceeding in thirty years for the Alien Terrorist Removal Court and avoiding a major constitutional test.
The US Justice Department confirmed on Friday that Nazira Haji Zada, a 47-year-old Afghan woman accused of supporting an Islamic State-inspired plot, has been deported. Her case marked the first use of the Alien Terrorist Removal Court in three decades, a body established in 1996 that had previously never received a single petition.
Haji Zada waived her right to challenge her detention and agreed to removal, a move that averts a potentially protracted legal battle over the court's constitutionality. According to GN geopolitics/terror (en-US), the swift resolution prevents a judicial test of the court’s authority and the strength of the allegations against her, ending what could have been a significant precedent-setting dispute.
Defense challenges the court's legitimacy
Attorneys for Haji Zada stated that her consent to removal should not be viewed as an endorsement of the court's legal standing. They argued that the process of dragging lawful permanent residents into court without allowing them or their lawyers to see the evidence constitutes a violation of due process.
The legal team expressed confidence that the Alien Terrorist Removal Court would be struck down as unconstitutional if a judge were required to address the specific procedural issues raised. Until her departure, her lawyers had been pressing the court to force the Justice Department to share the information and evidence supporting the allegations against her client.
Government cites national security priorities
Attorney General Todd Blanche described the outcome as a victory for national security and the rule of law. He stated that the department will use every tool at its disposal to protect the country, emphasizing that those who support or condone terrorism should not be living in the United States.
Homeland Security Secretary Markwayne Mullin echoed this sentiment, asserting that individuals who plot acts of terrorism have no place in the country. The administration maintains that the court provides specific authority to conduct deportation proceedings for those classified as alien terrorists, a power rarely exercised until this recent activation.
Background of the alleged plot
The Justice Department identified Haji Zada as the mother and mother-in-law of two Afghan men convicted in Oklahoma of plotting an attack on Election Day in 2024. According to an FBI memo, she was described as a supporter of the Islamic State who had her children pledge loyalty to the group.
Her son, Abdullah Haji Zada, was sentenced to 15 years in prison and has agreed to be removed from the US after his release. Her son-in-law, Nasir Ahmad Tawhedi, pleaded guilty to conspiring to provide material support to the Islamic State, with prosecutors alleging he ordered weapons and purchased one-way tickets for his family to return to Afghanistan.
