Congress created a special federal court in 1996 for one very specific purpose: to remove alien terrorists from the United States when ordinary immigration procedures could threaten national security.
Then Washington spent 30 years never using it.
On Sept. 11, the Justice Department announced that the Alien Terrorist Removal Court had finally completed its first case. Nazira Haji Zada, a 47-year-old Afghan national who had been living in Fort Worth, Texas, was removed to Afghanistan after conceding that she qualified as an alien terrorist and waiving her appeal.
From the DOJ:
In the first-ever case before the United States Alien Terrorist Removal Court (ATRC), Nazira Haji Zada, 47, an Afghan national previously residing in Fort Worth, Texas, was removed from the United States after conceding that she is an alien terrorist. As the matriarch in her family, she supported a plot to commit an ISIS-inspired mass shooting on Election Day in 2024 for which her son, Abdullah Haji Zada, and son-in-law, Nasir Ahmad Tawhedi, were previously arrested and convicted. The ATRC issued an order of removal on Aug. 20 that was unsealed earlier today following her return to her country of origin. This was the first case ever brought before the ATRC, which Congress established decades ago, and which no previous administration had used. Zada is now permanently inadmissible to the United States.
The application to remove Zada, certified by Attorney General Todd Blanche, was filed on July 15, and Zada appeared in open court for the first time on July 30. ATRC Chief Judge Joan N. Ericksen presided over that hearing and later signed the removal order. In compliance with the ATRC statute, the government used classified information to establish that Zada is an alien terrorist. Additionally, the government provided Zada and her lawyers, two federal public defenders, with approximately half a terabyte of documents supporting the government’s case. With her lawyers, Zada conceded that she is an alien terrorist and waived appeal of the removal order, terminating her previous status.
“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,” said Attorney General Todd Blanche. “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.”
“This is a historic and vitally important step in our work to protect the U.S. homeland from terrorism,” said FBI Director Kash Patel. “An individual who supported a plot by ISIS-sympathizing family members to commit an attack in America has paid the price for that. She came to our country, betrayed it, and has now lost the right to live here and enjoy our democratic freedoms. This FBI and our Justice Department partners will protect the American people from the threat of terrorism, using all means necessary.”
The timing is hard to miss.
Congress established the court as part of the Antiterrorism and Effective Death Penalty Act of 1996. Five federal district judges from different judicial circuits serve on it after designation by the chief justice.
Yet the court sat unused through the Clinton administration, 9/11, the wars in Afghanistan and Iraq, the rise of ISIS, Trump's first term, the Biden years, and the opening months of Trump's second term.
Haji Zada's case finally opened the door.
Federal authorities tied her to the ISIS-inspired 2024 Election Day attack plot involving her son, Abdullah Haji Zada, and son-in-law, Nasir Ahmad Tawhedi. The two men had purchased firearms and ammunition from an undercover FBI employee for the planned attack.
Her son pleaded guilty as an adult and received 15 years in prison. Tawhedi pleaded guilty to terrorism-related charges and is awaiting sentencing.
From the DOJ:
“Zada supported her sons’ terrorist plot to attack the United States while she enjoyed the privilege of residing here as a resident alien,” said Assistant Attorney General for National Security John A. Eisenberg. “She abused our Nation’s hospitality and represented a clear threat to our national security. The United States is a safer place now that her sons are in custody and she has been deported.”
“Those who support terrorism against the American people will face the consequences,” said State Department Spokesman Tommy Pigott. “We will secure our borders, and we will use every tool to stop those who intend us harm from entering or remaining at-large in our country. Under the leadership of President Trump, the State Department, alongside the Departments of Justice and Homeland Security, will always work tirelessly to ensure the safety of our people and the security of our nation.”
Tawhedi and Abdullah Haji Zada were arrested on Oct. 7, 2024, after purchasing firearms and ammunition to be used in an Election Day terrorist attack from an undercover FBI employee. Nazira’s son Abdullah, who was 17 at the time of his arrest, entered his guilty plea as an adult and was sentenced to 15 years in prison. As part of the plea agreement, Abdullah stipulated to the entry of a judicial order of removal from the United States to Afghanistan following his term of incarceration. Abdullah acknowledged that the order of removal would terminate his lawful permanent resident status, and waived his right to appeal the conviction except in limited circumstances or seek any form of appeal or relief from his removal and deportation, including but not limited to, seeking asylum. Tawhedi, 28, pled guilty to two terrorism-related offenses: conspiring and attempting to provide material support and resources to the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization, and receiving, attempting to receive, and conspiring to receive firearms and ammunition in furtherance of a federal crime of terrorism on June 13, 2025, and is awaiting sentencing.
According to court documents, Tawhedi admitted that between June 2024 and October 2024, he conspired with at least one other individual to purchase two AK-47 rifles, 500 rounds of ammunition, and 10 magazines, with the intent to carry out a mass-casualty attack on or around Election Day, Nov. 5, 2024, on behalf of ISIS. According to a criminal complaint affidavit filed in the case, Tawhedi communicated with an ISIS facilitator about his plan to purchase firearms for use in the terror plot, including asking the individual whether 500 rounds of ammunition would be sufficient.
Attorney General Todd Blanche certified the government's application against Haji Zada. It was filed July 15, and Chief Judge Joan N. Ericksen held the first public appearance July 30 and entered the removal order Aug. 20.
The government used classified information to establish its case. It also provided Haji Zada and her federal public defenders with roughly half a terabyte of supporting documents.
She ultimately stopped fighting.
With counsel beside her, Haji Zada conceded that she was an alien terrorist, accepted removal, and waived her appeal. Her lawful permanent resident status ended, and she's now permanently inadmissible to the United States.
There is a constitutional story hiding inside the victory.
The Alien Terrorist Removal Court allows the government to protect classified evidence that could endanger national security if publicly disclosed. The law requires procedures intended to give the accused enough unclassified information to prepare a defense, provides counsel when necessary, and allows appeals to the D.C. Circuit.
Haji Zada's attorneys questioned whether those safeguards provide enough due process when secret intelligence can help determine whether someone remains in the country.
From the Associated Press:
Haji Zada’s attorneys said her decision to consent to removal “should not be seen as an endorsement of this court’s legitimacy.”
“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.”
Court filings about Haji Zada’s deportation, including a judge’s Aug. 20 removal order, remained under seal until after she reached her destination.
The swift resolution averts what could have been a protracted legal fight testing the authority of the court, which was established in 1996 but until July had not received any petitions, as well as the strength of allegations against Haji Zada.
One of Haji Zada’s attorneys argued at the hearing that the Trump administration’s activation of the court violates her constitutional rights. Attorney Matthew Farley urged the judge to dismiss the case and immediately release his client.
An FBI memo dated July 15 said it “developed information” that Zada is an IS supporter who had her children pledge their loyalty to the terrorist group. Her son, Abdullah Haji Zada, was sentenced in November to 15 years in prison and court records show he previously agreed to be removed from the U.S. after his release.
Her concession means the courts didn't have to answer the hardest questions this time.
Another defendant may not concede.
For now, the first case produced exactly what Congress envisioned 30 years ago: an Article III judge, national security evidence, lawyers for the accused, a removal order, and an alien terrorist sent out of the country.
President Donald Trump didn't invent this power; Congress gave it to the executive branch three decades ago.
His administration was simply the first one willing to use it.
And on Sept. 11, of all days, Americans learned that a courthouse built for terrorists had finally opened for business.
Washington creates enormous powers and sometimes forgets they exist until someone decides to use them. PJ Media VIP helps us dig into the laws, courts, and government machinery sitting behind the headlines. Join today and get 60% off with promo code FIGHT.
Join the conversation as a VIP Member