DOJ deports Afghan in first-ever Alien Terrorist Removal Court case
DOJ deported an Afghan under the first Alien Terrorist Removal Court case.
Why it matters: This marks the first activation of the Alien Terrorist Removal Court since 1996, signaling DOJ's increased use of this tool for national security immigration cases. Legal teams should prepare for its implications in removal and due process matters.
- Nazira Haji Zada, a 47-year-old lawful permanent resident, was deported on August 20, 2026.
- DOJ alleged her support for ISIS and links to a 2024 failed Election Day shooting plot involving her son and son-in-law.
- The Alien Terrorist Removal Court was created in 1996 but was activated for the first time in this case.
- Zada waived her right to challenge deportation; classified evidence with unclassified summaries was used.
The Department of Justice has deported Nazira Haji Zada, marking the inaugural use of the Alien Terrorist Removal Court (ATRC), a special court created by Congress in 1996 to handle national security-related immigration removal proceedings. The court had never been activated until this case.
Zada, a 47-year-old Afghan lawful permanent resident, was ordered removed on August 20, 2026, by Chief Judge Joan N. Ericksen. The DOJ alleged that she supported ISIS and assisted her son, Abdullah Haji Zada, and son-in-law, Nasir Ahmad Tawhedi, in a failed shooting attack targeting the 2024 U.S. Election Day. Abdullah was arrested on October 7, 2024, and later sentenced to 15 years imprisonment. Tawhedi pleaded guilty to terrorism-related charges in June 2025 and is awaiting sentencing.
The ATRC procedures allow the government to use classified evidence that is not disclosed in full to the accused or their lawyers, while providing unclassified summaries to ensure some level of transparency. In this case, Zada chose to waive her right to contest the deportation and accepted removal to Afghanistan.
Attorney General Todd Blanche described the outcome as "a win for national security and the rule of law," while FBI Director Kash Patel highlighted the message it sends about consequences for ISIS supporters. Their statements were reported in DOJ press releases here and here. Meanwhile, Zada’s public defenders argued that withholding classified evidence violates due process, raising concerns among civil liberties advocates.
This first case sets a precedent for potentially more frequent usage of the ATRC in national security immigration enforcement, which will impact defense strategies and due process considerations for corporations, regulatory counsel, and in-house legal teams managing removal and compliance matters.
By the numbers:
- August 20, 2026 — Date of Zada’s deportation order
- 15 years — Prison sentence for Zada's son, Abdullah Haji Zada
- 1996 — Year the Alien Terrorist Removal Court was established
Yes, but: While DOJ frames this as a national security success, critics note that the ATRC process raises due process and transparency concerns due to classified evidence limitations.
What's next: Watch for further ATRC cases as DOJ signals greater use of this court for terrorism-related removals, which will prompt legal teams to monitor procedural developments.