Department of Justice Uses Alien Terrorist Removal Court for First Time to Expel Afghan National

Washington: In the inaugural case before the United States Alien Terrorist Removal Court (ATRC), Nazira Haji Zada, a 47-year-old Afghan national who formerly lived in Fort Worth, Texas, has been deported from the United States after admitting to being an alien terrorist. She played a role in supporting a plan for an ISIS-inspired mass shooting on Election Day in 2024, a plot for which her son, Abdullah Haji Zada, and son-in-law, Nasir Ahmad Tawhedi, have already been arrested and convicted. The ATRC issued a removal order on August 20, which was unsealed following her deportation to Afghanistan. This case marks the first use of the ATRC, a court established decades ago by Congress but never previously utilized by any administration. Zada is now permanently barred from entering the United States.

According to the United States Department of Justice, the application for Zada’s removal, certified by Attorney General Todd Blanche, was filed on July 15, with Zada making her first court appearance on July 30. ATRC
Chief Judge Joan N. Ericksen oversaw the hearing and subsequently signed the removal order. In accordance with ATRC statutes, the government relied on classified information to prove Zada’s status as an alien terrorist. Furthermore, the government provided Zada and her legal team, which included two federal public defenders, with approximately half a terabyte of documents supporting their case. Zada, along with her lawyers, acknowledged her status as an alien terrorist and waived her right to appeal the removal order, thereby ending her prior immigration status.

Attorney General Todd Blanche emphasized the significance of the case, stating that the swift removal of an alien terrorist is a considerable achievement for national security and adherence to the rule of law. Blanche underscored that those who support terrorism should not reside in the United States and indicated that this case demonstrates the Department’s commitment to utilizing all available resources to safeguard the nation.

FBI Director Kash P
atel highlighted the importance of this development in protecting the U.S. homeland from terrorism. He pointed out that Zada, who supported a family plot to carry out an ISIS-inspired attack in America, has faced the repercussions of her actions. Patel reaffirmed the FBI’s commitment to defending the American public from terrorism threats using all necessary means.

Secretary Markwayne Mullin of the Department of Homeland Security noted that the removal aligns with President Trump’s directive to prioritize the safety and security of the American populace. The coordinated efforts of the Departments of Homeland Security, Justice, and State have successfully enforced the final order of removal against Zada, illustrating the government’s resolve to expel those who plot terrorism against the United States.

Assistant Attorney General for National Security John A. Eisenberg criticized Zada for abusing the hospitality of the United States by supporting her sons’ terrorist activities while residing as a resident alie
n. He asserted that the United States is now safer with Zada deported and her sons in custody.

State Department Spokesman Tommy Pigott commented on the broader implications for those supporting terrorism against America, emphasizing that such individuals will face consequences. Pigott highlighted the collaborative efforts under President Trump’s leadership to secure the nation’s borders and protect against threats.

The arrests of Tawhedi and Abdullah Haji Zada on October 7, 2024, stemmed from their attempts to purchase firearms and ammunition for an Election Day attack from an undercover FBI agent. Abdullah, who was 17 at the time, pleaded guilty and received a 15-year prison sentence. His plea agreement included a judicial order of removal to Afghanistan after serving his sentence. Tawhedi, aged 28, pleaded guilty to multiple terrorism-related charges, including conspiring to provide material support to ISIS, and awaits sentencing.

Court documents revealed that between June and October 2024, Tawhedi consp
ired with others to acquire weapons and ammunition for a mass-casualty attack planned for Election Day 2024. To fund their plot, the family sold off property and purchased one-way tickets to Kabul for its members, excluding Abdullah and Tawhedi.

The ATRC, a specialized federal court established by Congress in 1996, has the authority to remove alien terrorists when evidence supports such action. The court permits the use of classified information to protect national security and provides legal counsel to aliens if necessary. Appeals can be made to the United States Court of Appeals for the District of Columbia Circuit.

This removal proceeding showcased the collaboration of several federal agencies, including the DOJ’s National Security Division, the FBI, and other Homeland Security and Immigration bodies. The litigation was led by Acting Deputy Assistant Attorney General Hayden OByrne, with support from Deputy Chief Larry Schneider and Trial Attorneys Anna Donnell, Garrett Coyle, and Evan Schultz.