Washington — An Afghan permanent resident in Texas has been deported after the Justice Department designated her an “alien terrorist,” marking the first case brought under that authority, the department said Friday.
Nazira Haji Zada, 47, chose to leave the United States instead of continuing her challenge before the Alien Terrorist Removal Court, according to the Justice Department.
Established in 1996, the Alien Terrorist Removal Court was designed to give the government a way to deport noncitizens when conventional immigration proceedings could not move forward because key evidence was classified for national security reasons and could not be publicly disclosed.
Haji Zada’s public defenders had previously said she planned to contest the deportation effort, arguing that the court’s confidential procedures deprived her of due process.
In the court’s terrorist removal proceedings, noncitizens targeted by the government — including lawful permanent residents — cannot examine the classified evidence used against them. Unlike defendants in criminal cases, they also are prohibited from mounting legal challenges to the government’s collection of that evidence.
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Haji Zada was never criminally charged. Her son, Abdullah Haji Zada, and her son-in-law, Nasir Ahmad Tawhedi, were each prosecuted and convicted in connection with a plot to carry out an ISIS-inspired mass shooting on Election Day in 2024.
The Justice Department alleged that Haji Zada aided their plans and tried to radicalize her children in support of ISIS.
On Friday, the department said it had provided Haji Zada’s attorneys with half a terabyte of documents supporting its claim that she was 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 news 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.”