US Executes First Removal via Alien Terrorist Court
A federal judge ordered the deportation of an Afghan woman in the first active use of a dormant court established for handling suspected noncitizen terrorists.
The United States Department of Justice announced on Friday that it has completed the first removal order issued by the Alien Terrorist Removal Court since its inception. The decision pertains to Nazira Haji Zada, a 47-year-old lawful permanent resident of Fort Worth, Texas. Chief Judge Joan Ericksen, a senior district judge based in Minnesota, issued the order on August 20. The ruling was unsealed only on Friday, marking the first time this specific judicial mechanism has been utilized for a completed deportation case.
According to the Justice Department, the case involved classified evidence linking Haji Zada to a plot for an ISIS-inspired mass shooting planned for Election Day in 2024. The department stated that Haji Zada conceded her status as an alien terrorist and waived her right to appeal the removal order. Attorney General Todd Blanche described the outcome as a victory for national security and the rule of law, emphasizing the prompt removal of the individual to her country of origin.
Revival of Dormant Judicial Mechanisms
The Alien Terrorist Removal Court was created by Congress in 1996 to handle deportation cases involving highly sensitive information that could threaten national security if released in open court. Prior to this recent action, the court had remained largely unused by successive administrations. Legal analysts note that previous governments preferred standard immigration avenues, which allowed for continued government supervision of suspected terrorists while maintaining clearer procedural safeguards.
This move is part of a broader trend by the current administration to activate obscure laws to advance its immigration agenda. According to GN geopolitics/terror (en-US), the department has also been exploring the use of the 1798 Alien Enemies Act to increase deportations. Additionally, reports indicate plans to utilize a long-inactive maritime war court to streamline the military capture of Iranian oil tankers. This pattern suggests a strategic shift toward employing legal tools that have been dormant for decades.
Legal Challenges and Due Process
The secretive nature of the proceedings has drawn criticism from immigration policy analysts and defense attorneys. Matthew Farley, one of Haji Zada’s attorneys from the DC federal public defender’s office, argued during a public hearing in July that the lack of established processes for the court was woefully inadequate. He expressed intent to fight the deportation effort, highlighting concerns about the limited due process rights afforded in such closed sessions. The public’s ability to hold the Justice Department accountable is also a point of contention among legal observers.
Allegations and Family Connections
Hayden O’Byrne, acting deputy assistant attorney general for the National Security Division, presented allegations during the July hearing that Haji Zada pledged loyalty to ISIS and worked to indoctrinate her children with the help of her son-in-law. The department stated that she supported a terrorist plot carried out by her son, Abdullah Haji Zada, and her son-in-law, Nasir Ahmad Tawhedi. Both men were previously arrested and convicted in connection with the planned attack. The government asserted that the information against Haji Zada was obtained from a reliable source whose reporting had been repeatedly corroborated in the past.
The case raises significant questions about the balance between national security imperatives and individual rights in the context of immigration enforcement. As the administration continues to test the boundaries of these dormant legal frameworks, the legal community is closely watching how courts interpret the scope of authority granted to the Alien Terrorist Removal Court. The outcome of this initial case may set a precedent for future applications of this judicial mechanism in similar high-profile cases.
