An Afghan national involved in an ISIS-inspired shooting plot has been deported from the United States through unprecedented use of the United States Alien Terrorist Removal Court (ATRC) by the Trump Department of Justice (DOJ). This marks the court’s first utilization in nearly 30 years since its inception.
Case Details
Nazira Haji Zada, a 47-year-old, conceded to assisting her sons in planning a mass shooting inspired by ISIS, set for Election Day 2024. The DOJ filed the removal order in July, and the ATRC issued this order on August 20, which was unsealed shortly after. She is now permanently barred from reentry into the United States, as confirmed by U.S. Citizenship and Immigration Services.
The ATRC, established by Congress decades ago, allows noncitizen deportations for terrorism suspicions using classified evidence within a specialized judicial process. Despite its long availability, the court had remained inactive, leading to it being termed as a “zombie” court by legal experts.
Proceedings and Outcomes
Attorney General Todd Blanche initiated the removal application on July 15. ATRC Chief Judge Joan Ericksen presided over the case, leading to Zada’s deportation. The government presented classified data to substantiate Zada’s involvement in terrorist activities. Her legal defense was provided by federal public defenders, who received comprehensive documentation from the government.
Zada resided in Fort Worth, Texas, and her family began selling assets and preparing for the attack. Her son, Abdullah Haji Zada, and son-in-law, Nasir Ahmad Tawhedi, were already convicted for their involvement. Court documents disclosed the purchase of weapons with the intent of carrying out the Election Day attack. Before the intended attack date, the family acquired one-way tickets to Kabul, excluding Abdullah and Tawhedi, who were apprehended.
Reactions and Implications
According to Todd Blanche, the successful application showcases a “landmark case” benefiting national security and the rule of law. FBI Director Kash Patel emphasized the significance of this action in safeguarding America.
Homeland Security Secretary Markwayne Mullin reiterated the administration’s commitment to protecting Americans, highlighting the action as directed by President Trump. The DOJ spokesperson further emphasized their commitment to utilizing all available tools to remove alien terrorists from the country.
Historical Context and Criticism
Hans von Spakovsky, a senior legal fellow, noted previous administrations’ failure to use this specialized court as “negligence.” The ATRC was established under the 1996 Antiterrorism and Effective Death Penalty Act. It includes five federal district judges serving five-year terms, aimed at handling cases where evidence critical to national security is involved.
The court’s previous underuse and the DOJ’s current approach could potentially limit interference from what some deem as “rogue” judicial rulings. Resistance to the administration’s immigration enforcement has been evident, with several federal judges blocking key policies. Von Spakovsky suggested that the ATRC might provide a more effective tool for the DOJ’s objectives.
This historical case marks a renewed use of a specialized court, setting a precedent in the United States’ battle against terrorism.
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