For the first time, the Department of Justice is seeking to deport someone using the Alien Terrorist Removal Court, which has not received a petition since it was established by Congress in 1996.
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WASHINGTON – An obscure court that allows the government to present classified information is being used for the first time since its creation, as the Trump administration seeks to deport an Afghan woman accused of supporting the Islamic State.
The Department of Justice on July 15 filed the first-ever petition with the Alien Terrorist Removal Court, seeking to remove Nazira Haji Zada, a lawful permanent resident who lives in Fort Worth, Texas.
Prosecutors allege Zada, 47, supported an ISIS-inspired mass shooting plot involving her son and son-in-law, who’ve both pleaded guilty to charges related to the alleged terror plot. Zada’s first hearing was scheduled for July 30, according to court records. It was not immediately clear if Zada had legal representation.
The court being used in this case has remained dormant since it was established by Congress in 1996 as a way to deport those deemed by the Justice Department to be “alien terrorists.”
The court is comprised of U.S. federal district court judges from across the country who are appointed by the chief justice of the United States, according to the DOJ. The court notably allows the government to use classified information that, if released to the public, could jeopardize national security.
“This is a historic step asking this court for the first time to remove an individual from the United States who supported a plot by ISIS-sympathizing family members to commit an act of terrorism in America,” said FBI Director Kash Patel in a statement.
According to court records, the government alleges that Zada played a role in an ISIS-inspired plot to carry out a mass shooting on Election Day in 2024.
Zada’s son, Abdullah Haji Zada, and her son-in-law, Nasir Ahmad Tawhedi, were arrested in October 2024 and have since pleaded guilty to charges related to the alleged plot. The younger Zada was sentenced to 15 years in prison and agreed to be deported after his sentence concludes.
Tawhedi, who pled guilty to terrorism-related offenses, said he and another person purchased AK-47 rifles and hundreds of rounds of ammunition to carry out a “mass-casualty attack,” court records say. Tawhedi is awaiting sentencing.
Prosecutors allege the family began selling property, including furniture, computers and two vehicles “to raise funds for their attack.” Court records say Nazira Zada signed a contract to sell the family’s home and bought one-way flights for her and several members of her family – not including her son, Abdullah, and Tawhedi – days before the alleged attack plot.
The court must statutorily provide paid counsel to defendants who can’t afford an attorney. Cases in the never-before-used court can also be appealed to the U.S. Court of Appeals for the District of Columbia Circuit.
“Congress created the Alien Terrorist Removal Court three decades ago to remove from the United States alien terrorists who never should have been here in the first place,” said Acting Attorney General Todd Blanche in a statement.
“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,” he added. “The Department’s application in this court makes clear that terrorists have no place in the United States of America.”
Christopher Cann is a national reporter for USA TODAY. Contact him by email at ccann@usatoday.com.