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First Activation of 1996 Alien Terrorist Removal Court Deports Afghan Matriarch in ISIS-Linked Case, Raising Due Process Concerns

First Activation of 1996 Alien Terrorist Removal Court Deports Afghan Matriarch in ISIS-Linked Case, Raising Due Process Concerns

The DOJ's unprecedented use of the ATRC to deport an Afghan permanent resident linked to a foiled 2024 ISIS plot underscores expanded, low-visibility tools for removing non-citizens, with implications for due process in national security cases.

In a landmark first, the U.S. Department of Justice in 2026 activated the long-dormant Alien Terrorist Removal Court (ATRC)—established by Congress in 1996 but never previously used—to deport Nazira Haji Zada, a 47-year-old Afghan lawful permanent resident from Fort Worth, Texas. Zada conceded her designation as an "alien terrorist" after prosecutors alleged she supported an ISIS-inspired plot by her son, Abdullah Haji Zada, and son-in-law, Nasir Ahmad Tawhedi, to carry out a mass shooting on or around Election Day 2024. The men had pleaded guilty to related terrorism and firearms charges; Abdullah received a 15-year sentence.

Court records and official statements detail how the family sold property and prepared one-way tickets to Kabul while the two men remained to execute the attack, purchasing weapons from an undercover FBI operative. The ATRC allowed the government to rely heavily on classified evidence while providing Zada's court-appointed counsel with a large volume of unclassified materials. She appeared before Chief Judge Joan Ericksen, waived appeal rights, and was removed in August 2026, permanently barred from reentry. The order was unsealed after her departure.

This case exemplifies aggressive enforcement tactics that bypass standard immigration proceedings, where green card holders typically enjoy greater protections and public scrutiny. By leveraging a secretive tribunal designed for classified national security matters, authorities avoided disclosing sensitive sources in open court—a move justified by officials as necessary but criticized by defense counsel as potentially unconstitutional and a "runaround" for due process. Multiple mainstream outlets, including the New York Times, Washington Post, and AP News, reported on the proceedings, highlighting how the court's activation targets family networks and alleged radicalization without criminal charges against the deportee herself.

Broader context reveals connections to post-2024 election security priorities under the Trump administration, with statements from AG Todd Blanche and DHS officials framing it as fulfilling promises to prioritize American safety. Critics note risks to immigrant communities, where classified evidence and limited appeals could disproportionately affect lawful residents tied to family members' actions, echoing longstanding debates over immigration enforcement opacity.

⚡ Prediction

LIMINAL: This precedent likely accelerates use of specialized courts for family-linked removals, normalizing classified-evidence proceedings that sidestep traditional safeguards and heighten community distrust of enforcement.

Sources (6)

  • [1]
    DOJ tapped never-used ‘alien terrorist’ court to deport mother of convicted ISIS supporter(https://www.politico.com/news/2026/07/29/alien-terrorist-court-deport-01016781)
  • [2]
    Woman deported to Afghanistan in first use of Alien Terrorist Removal Court(https://www.washingtonpost.com/national-security/2026/09/11/woman-deported-afghanistan-first-use-alien-terrorist-removal-court/)
  • [3]
    Afghan Woman Deported in First Use of Obscure Terrorism Court(https://www.nytimes.com/2026/09/11/us/afghan-woman-deported-terrorism-court.html)
  • [4]
    First hearing for long-dormant court as US seeks to deport an Afghan woman(https://apnews.com/article/alien-terrorist-removal-court-deportation-dormant-trump-4573fe653ae466e7c9540dc02ee970e5)
  • [5]
    Department of Justice Removes Alien Terrorist in First Use of United States Alien Terrorist Removal Court(https://www.uscis.gov/newsroom/news-releases/department-of-justice-removes-alien-terrorist-in-first-use-of-united-states-alien-terrorist-removal)
  • [6]
    Afghan woman deported in first use of US Alien Terrorist Removal Court(https://www.aljazeera.com/news/2026/9/12/afghan-woman-deported-in-first-use-of-us-alien-terrorist-removal-court)