Washington — An Afghan permanent resident living in Texas has been deported after the Justice Department accused her of being an “alien terrorist,” in the first such case of its kind, the department announced on Friday.
Nazira Haji Zada, 47, opted to leave the United States rather than continue litigating the case in the Alien Terrorist Removal Court, the department said.
The Alien Terrorist Removal Court was first created in 1996 to allow the government to deport noncitizens who could not be removed by the traditional legal process because the information about their cases was classified and could not be made public for national security reasons.
Public defenders representing Haji Zada had initially indicated she intended to fight the government’s efforts to deport her, saying the court’s secretive rules violated her due process rights.
The targets of the court’s noncitizen terrorist removal proceedings — including legal permanent residents — are not permitted to review the classified evidence against them. And unlike criminal proceedings, targets are barred from legally challenging how the evidence was collected by the government.
Haji Zada has never been charged with a crime. However, her son, Abdullah Haji Zada, and son-in-law, Nasir Ahmad Tawhedi, were both prosecuted and convicted over a plot to commit an ISIS-inspired mass shooting on Election Day in 2024.
The Justice Department has alleged that Haji Zada supported their plans and worked to try to radicalize her children to support ISIS.
The Justice Department said on Friday that it had shared half a terabyte of documents with her lawyers in support of its evidence that she is an alien terrorist. Haji Zada “conceded that she is an alien terrorist and waived appeal of the removal order, terminating her previous status,” the department said in a press release.
“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,” Attorney General Todd Blanche said in a statement. “Those who support and condone terrorism should not be living in the United States, and this first-ever case before the ATRC shows how the Department will use every tool at its disposal to protect our country.”
