Justice Department activates Alien Terrorist Removal Court to seek deportation of Texas woman

Prosecutors allege Afghan mother supported ISIS plot, using court with lower proof threshold

WASHINGTON — A special court created by Congress three decades ago but never before used held its first hearing Thursday, as the Justice Department argued for the removal of an Afghan woman accused of supporting the Islamic State.

The Alien Terrorist Removal Court, established in 1996, allows the government to deport non-citizens using a civil standard of proof that is lower than what is required in criminal proceedings and permits the use of classified evidence. Prosecutors are seeking to remove Nazira Haji Zada, a 47-year-old lawful permanent resident who lives in Fort Worth, Texas.

Federal agents arrested Zada earlier this week. She will remain in custody for now, and listened to the roughly 40-minute proceeding with the help of two interpreters. Zada interjected at the start of the hearing, interrupting the courtroom clerk, but her remarks were not translated. She said little else during the proceeding.

Much of the evidence against Zada remains classified, but prosecutors disclosed some details under questioning from Senior U.S. District Judge Joan Ericksen. The FBI had developed information that Zada is a supporter of the Islamic State who worked with her son-in-law to “radicalize” other family members, according to prosecutors.

“In this case, the United States is alleging that Ms. Haji Zada is an alien terrorist — and that the U.S. has classified evidence to prove that,” said prosecutor Hayden O’Byrne.

The Justice Department previously brought criminal charges against Zada’s son and son-in-law for attempting to attack the 2024 elections on behalf of the Islamic State. Both men were sentenced to prison and are to be deported after serving their sentences, with court records showing the son agreed to removal. An FBI memo dated July 15 said Zada had her children pledge their loyalty to the terrorist group, according to the Associated Press.

Rather than pursue criminal charges against Zada, the Justice Department launched civil proceedings under the Alien Terrorist Removal Court. The court was designed to make it easier for the government to use classified evidence in deportation cases.

Acting Attorney General Todd Blanche approved the government application earlier this month.

“The allegations in this case show the matriarch of an ISIS-sympathizing family aiding in a plot to launch a mass casualty attack on American voters on Election Day,” Blanche said in a statement. “The Department’s application in this court makes clear that terrorists have no place in the United States of America.”

Zada’s court-appointed public defenders said they will challenge the legality of the untested court and its procedures.

“This entire scheme is in violation of due process and is unconstitutional,” said public defender Matthew Farley. “The lack of process and due process provided to the respondent in these proceedings is woefully inadequate.”

Judge Ericksen, who normally serves in the Minnesota district court, acknowledged the court’s infrastructure is still developing. Court officials have built a website for the institution and are working on an electronic filing system where the public can find relevant court papers.

“The court’s committed to exactness, carefulness, circumspection and fealty to the Constitution and the rule of law,” Ericksen said. She told the audience — which included government workers and reporters — that the proceedings at times may seem “inelegant.”