Attorney General Todd Blanche invoked the Alien Terrorist Removal Act for the first time ever to expel Nazira Haji Zada, a lawful permanent resident from Afghanistan, from the country for allegedly being the “matriarch” who helped radicalize her Islamic extremist family members.
According to court filings unsealed Friday, Haji Zada waived her rights to challenge her detention and was deported back to Afghanistan last month.
“Nazira Haji Zada, 47, an Afghan national previously residing in Fort Worth, Texas, was removed from the U.S. 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 and son-in-law were previously arrested and convicted,” the Justice Department announced.
Haji Zada became a permanent resident in 2018, as her husband worked as an assistant to the U.S. military on Bagram Air Base, one of the largest U.S. bases in Afghanistan. Her son, Abdullah Haji Zada, and son-in-law, Nasir Ahmad Tawhedi, pleaded guilty to attempting to purchase two AK-47-style rifles and 500 rounds of ammunition from an undercover FBI agent in order to carry out a terrorist attack in Oklahoma in 2024. Abdullah was sentenced to 15 years in prison, while Tawhedi is still awaiting sentencing.
Investigators noted that Haji Zada, however, had no knowledge of their plans.
The Alien Terrorist Removal Court, created after the 1996 Oklahoma City Bombing, allowed to DOJ to circumvent charging suspected terrorists in criminal court and instead allows them to be removed from the country over “terrorist activity.”
“Under the law, terrorist activity includes not only serious offenses … but also providing, whether voluntarily or under duress, housing or transportation to what the law defines as a ‘terrorist organization.’ Statutorily, the term terrorist organization includes even ‘a group of two or more individuals, whether organized or not,’ who have hijacked a vehicle or used a firearm to cause substantial damage to property — a threshold virtually any criminal gang would meet,” the Brennan Center for Justice notes. “As the courts have acknowledged, these terms encompass ‘more conduct than our society, and perhaps even Congress, has come to associate with traditional acts of terrorism.’”
It is also much easier for the government to secure approval for an individual’s removal, as they only have to prove a “preponderance of evidence” rather than the traditional, more strenuous “beyond a reasonable doubt.” The DOJ also reportedly refused to show classified evidence to Haji Zada’s attorneys, even though they had a security clearance.
“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,” Haji Zada’s public defenders said, adding that they expect the decision to be rejected as “unconstitutional.”
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