A secretive US court has overseen the deportation of an Afghani woman, who held American permanent residency, despite never having been charged with, or convicted of, a crime.
According to her lawyers, Nazira Haji Zada, 47, chose to leave the US rather then continue to argue her case before the Alien Terrorist Removal Court (ATRC).
The Department of Justice (DOJ) hailed the outcome as a win for Donald Trump’s efforts to bolster national security, highlighting the convictions of Haji Zada’s son and son-in-law over a plot to carry out a mass shooting.
It is the first time the ATRC has ever heard a case, although the success enjoyed by prosecutors could see the Trump administration soon bring additional matters.
What is the Alien Terrorist Removal Court?
Created by US Congress in 1996, the ATRC was originally established to oversee deportation hearings for those the DOJ classified as “alien terrorists”.
The which created the ATRC outlines a number of reasons an individual could be classified as an “alien terrorist”, including membership of a prescribed organisaiton, being charged with or committing a terror offence and endorsing or espousing “terrorist activity”.
The spouse or child of someone who meets any of the criteria can also be deemed an “alien terrorist”, while the law also provides the DOJ discretion to apply the label to anyone who “intends while in the United States to engage… in activities that could endanger the welfare, safety, or security of the United States”.
Despite numerous terror convictions across the US, the court had sat idle for 30 years until Attorney General Todd Blanche submitted the first ever application in July.
Concerns over due process, mainly tied to the use of secret evidence by prosecutors, have been widely cited as the reason previous administrations had avoided using the ATRC.
Could Haji Zada’s case become a blueprint for others?
In a press release announcing the outcome of Haji Zada’s case, Blanche said the first ever case before the ATRC showed “how the Department will use every tool at its disposal to protect our country”.
“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,” he added.
Those words were echoed by other senior members of Trump’s team, including FBI Director Kash Patel and Department of Homeland Security Secretary Markwayne Mullin.
Notably, Mullin said Trump had personally instructed law enforcement agencies to make use of the ATRC, suggesting the administration could seek to bring other matters before the court in future.
However, elements of Haji Zada’s case raise questions about whether the DOJ would enjoy similar success with others it brands “alien terrorists”.
Blanche said the first ever case before the ATRC showed “how the Department will use every tool at its disposal to protect our country” (Photo: AP / J. Scott Applewhite)The 47-year-old was never charged with, and has never been convicted of, a crime and the judge overseeing the case initially asked the DOJ to make a more “thoughtful” application, reflecting scepticism about prosecutors’ claims.
Prosecutors accused the Afghani national of having “supported” her son and son-in-law as they plotted to carry out a mass shooting on Election Day in 2024, as well as of being a follower of Islamic State.
Following confirmation of her deportation, the DOJ asserted Haji Zada “conceded that she is an alien terrorist and waived appeal of the removal order”, even as lawyers for the Afghani national offered a more nuanced view.
“Our client’s choice to consent to removal should not be seen as an endorsement of this court’s legitimacy,” public defenders Matthew Farley and Mary Manning Petras told The Washington Post.
Farley and Petras cited “a plain violation of due process” in the way the DOJ prosecuted the case, saying evidence used against Haji Zada was withheld from the defence.
It was for this reason, they suggested, the Afghani national ultimately decided to end her fight and consent to being deported.
Despite the DOJ arguing it had provided Haji Zada’s lawyers “with approximately half a terabyte of documents supporting the government’s case”, it also acknowledged having used “classified information to establish that Zada is an alien terrorist”.
Under the law which established the ATRC, Haji Zada could have appealed a ruling against her to the US Court of Appeals for the District of Columbia Circuit.
Her choice not to continue her defence therefore leaves open questions over whether due process issues with the ATRC could jeopardise future deportation cases.
Haji Zada’s lawyers, though, were adamant the issue could ultimately prevent the Trump administration using the case as a blueprint.
“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,” Farley and Petras said.
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