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Afghan woman accused of Islamic State plot deported from US in first case before secretive terror court
Haji Zada’s attorneys said that challenged the legitimacy of the court and said that her decision should be seen as an endorsement for the same.
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An Afghan woman accused by the US Justice Department of supporting an Islamic State-inspired terror plot has been deported to Afghanistan, in the first case brought before a secret court that had remained dormant for nearly three decades — Alien Terrorist Removal Court.
The woman, 47-year-old Nazira Haji Zada, was arrested at her home in Texas's Fort Worth in July and brought before the Alien Terrorist Removal Court after the Justice Department sought her deportation. The department said Friday that Haji Zada had waived her rights to challenge her detention and agreed to be deported to Afghanistan.
This was the first case to be brought before the secret court and was concluded within months.
‘This court is unconstitutional’
Haji Zada’s attorneys said that challenged the legitimacy of the court and said that her decision should be seen as an endorsement for the same.
“Dragging lawful permanent residents into court but refusing to show them or their attorneys the evidence that will be used against them is a plain violation of due process,” the defense lawyers said in a statement Friday.
“We are confident that the Alien Terrorist Removal Court will be struck down as unconstitutional as soon as a judge is asked to address the issue.”
‘A win for national security’
Court filings related to the woman's deportation, including a judge’s removal order dated August 20, remained under seal until she reached Afghanistan.
Attorney General Todd Blanche described the outcome as “a win for national security and the rule of law.”
“Those who support and condone terrorism should not be living in the United States, and this first-ever case before the (court) shows how the Department will use every tool at its disposal to protect our country,” Blanche said in a statement.
Accusations against Haji Zada
The Justice Department has accused Haji Zada of supporting the Islamic State and previously identified her as the mother and mother-in-law of two Afghan men convicted in Oklahoma of plotting an attack in the US on Election Day in 2024. The planned attack was thwarted before it could take place.
Her lawyers had sought to compel the court to order the Justice Department to provide information and evidence underpinning the allegations against her.
The Alien Terrorist Removal Court was established in 1996 and has jurisdiction over deportation proceedings involving people whom the Justice Department classifies as “alien terrorists”. Despite being created 30 years ago, it received no petitions until Haji Zada's case was filed in July.
The court consists of five federal judges from different districts across the country, appointed by the US chief justice.
"Those who plot acts of terrorism against the United States have no place in our country," Homeland Security Secretary Markwayne Mullin said in a statement. "We will find them, and we will use every lawful tool available to remove them.”
Judge Joan Ericksen presided over the court's first hearing in nearly 30 years on July 30.
During the hearing, one of Haji Zada's attorneys, Matthew Farley, argued that the Trump administration's decision to activate the court violated her constitutional rights. He urged the judge to dismiss the case and immediately release his client.
An FBI memo dated July 15 said the agency had “developed information” that Zada was an Islamic State supporter who had made her children pledge loyalty to the terrorist group.
Her son, Abdullah Haji Zada, was sentenced to 15 years in prison in November. Court records show that he had previously agreed to be removed from the US after completing his sentence.
Haji Zada's son-in-law, Nasir Ahmad Tawhedi, had previously worked as a security guard at an American military installation in Afghanistan. He pleaded guilty to conspiring and attempting to provide material support to the Islamic State group.
Prosecutors have said Tawhedi took several steps to advance his attack plans, including ordering AK-47 rifles, selling his family's assets and purchasing one-way tickets for his wife and child to return to Afghanistan.
(With inputs from AP)
