The United States Justice Department has used a long-dormant special court to deport a lawful permanent resident to Afghanistan in what officials describe as a landmark national security case.
Nazira Haji Zada, 47, originally from Afghanistan, was removed from the United States after conceding to being an "alien terrorist" before the Alien Terrorist Removal Court, according to court records made public on Friday.
Prosecutors alleged Haji Zada supported a plan by her son and son-in-law to carry out an Islamic State-inspired mass shooting on Election Day in 2024.
Haji Zada came to the United States as a lawful permanent resident in 2018. Her husband had worked at Bagram Air Base from 2009 to 2016.
U.S. authorities alleged that, as the family "matriarch," Haji Zada worked to "radicalize" her family and "formally pledged loyalty to ISIS." The government further alleged she and her son-in-law "worked to indoctrinate her children with ISIS ideology and have them pledge loyalty to ISIS."
Prosecutors also alleged the family raised funds for the planned attack by selling furniture, computers, a mobile phone, and two vehicles. Haji Zada also signed a contract to sell the family home, court documents show.
According to prosecutors, Haji Zada, along with other female and young male family members, planned to relocate to an ISIS-controlled location before the attack, concealing the plan from her husband. Her son and son-in-law were to remain behind to carry out the attack.
Her son-in-law, Nasir Ahmad Tawhedi, 28, admitted that between June and October 2024 he conspired with at least one other person to purchase two AK-47 rifles, 500 rounds of ammunition, and 10 magazines, with the goal of carrying out a mass-casualty attack. Court documents say Tawhedi communicated with an ISIS facilitator about the firearms purchase, "including asking the individual whether 500 rounds of ammunition would be sufficient." Tawhedi pleaded guilty to two terrorism-related charges.
Haji Zada's son, Abdullah Haji Zada, 19, was sentenced to 15 years in prison. Both men face deportation following their release from prison.
Haji Zada was arrested in July at her home in Fort Worth, Texas. Rather than pursuing criminal charges, Justice Department leaders launched civil proceedings before the Alien Terrorist Removal Court.
Congress created the court in 1996 to allow the Justice Department to use classified evidence in deportation cases involving individuals deemed a national security risk. The court permits a lower standard of proof than criminal proceedings.
In unsealed court filings dated August 20, Haji Zada waived her rights to challenge her detention and agreed to deportation. Senior U.S. District Judge Joan Ericksen ordered her removal the same day. Her admission cannot be used in any criminal proceedings.
Attorney General Todd Blanche approved the government's application before it went before the judge. In a statement, Blanche said the case demonstrates "how the Department will use every tool at its disposal to protect our country." He called it "a win for national security and the rule of law."
Haji Zada's court-appointed attorneys, Matthew Farley and Mary Manning Petras, contested the constitutionality of the proceedings, stating they were not permitted to review the evidence against their client. The evidence supporting the removal remains classified, the government said, because its disclosure would pose a risk to national security.
In a statement, the attorneys said their client's 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 statement said. "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."