A little-known US legal process has entered the spotlight after an Afghan woman with lawful permanent residency was deported following proceedings before a secretive terrorism-related court. The case has raised urgent questions about national security, immigration powers and constitutional due process.
Nazira Haji Zada, 47, who had been living in Fort Worth, Texas, chose to leave the United States rather than continue challenging her case, according to the US Department of Justice and her appointed lawyers. She was sent to Afghanistan after proceedings before the Alien Terrorist Removal Court, a tribunal created in 1996 but never previously used.
US deportation follows first case before secret court
The Alien Terrorist Removal Court is designed for non-US citizens accused of terrorism-related conduct where prosecutors say the evidence is confidential or connected to national security. The first proceedings under the court took place in July, involving Haji Zada.
Although she was not charged with a criminal offence, prosecutors linked her case to terrorism convictions involving her family. Her son, Abdullah Haji Zada, and son-in-law, Nasir Ahmad Tawhed, were convicted over a plot to carry out a mass shooting on Election Day in 2024. The plot was described as being inspired by Islamic State.
US prosecutors accused Haji Zada of acting as the family’s “matriarch” and alleged that she had helped radicalise relatives. The Department of Justice said she accepted removal, waived her right to appeal and ended her previous immigration status.
Justice Department describes case as national security victory
US Attorney General Todd Blanche called the case a landmark, saying the government had used available legal tools to remove a person it classified as an “alien terrorist”. The department argued that the outcome supported national security and the rule of law.
The government’s position is that people who support or condone terrorism should not remain in the United States. However, the proceedings have also prompted criticism from civil liberties advocates and defence lawyers concerned about the use of confidential evidence.
Lawyers challenge due process protections
Haji Zada’s court-appointed lawyers said they were not given access to the evidence used against their client. They argued that preventing a lawful permanent resident and her legal representatives from reviewing the case material violated the due process protections guaranteed by the US Constitution.
The lawyers also warned that Haji Zada’s decision to consent to deportation should not be interpreted as acceptance of the court’s legitimacy. They said the tribunal could ultimately face a constitutional challenge if another case requires a judge to examine its procedures.
The dispute reflects a wider tension in US immigration law. National security cases often involve intelligence that authorities do not want to disclose publicly, while defendants and their lawyers generally argue that a fair hearing requires meaningful access to the evidence.
- Government argument: confidential proceedings can protect sensitive national security information.
- Defence argument: a person cannot properly contest allegations without seeing the evidence.
- Legal question: whether the court’s procedures satisfy constitutional due process requirements.
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What happens next in the Alien Terrorist Removal Court debate?
The immediate case has concluded with Haji Zada’s removal to Afghanistan, but the wider legal controversy remains unresolved. Because the court had not previously heard a case, its first use is likely to attract continued scrutiny from immigration lawyers, civil rights organisations and lawmakers.
Key questions include whether permanent residents can receive a fair hearing when evidence is withheld, how broadly terrorism-related allegations can be applied to family members, and whether a future defendant will challenge the tribunal in federal court.
The case also illustrates the difference between criminal prosecution and immigration removal. A person may face deportation proceedings without being convicted of a crime, particularly when authorities rely on immigration grounds or national security classifications. That distinction is central to understanding why Haji Zada was removed despite never being criminally charged.
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Why this case matters
The first use of the Alien Terrorist Removal Court has placed a rare legal mechanism at the centre of a debate over security and accountability. The US government says it acted to protect the public, while Haji Zada’s lawyers argue that secrecy prevented a genuine defence.
As the case develops through public and legal scrutiny, its significance will extend beyond one deportation. It may influence how the United States handles national security allegations involving non-citizens—and determine whether a court built for secret evidence can withstand a constitutional challenge.
Bottom line: the US deportation of Nazira Haji Zada marks the first known use of the Alien Terrorist Removal Court, but the unresolved due process questions could make the case a major test of American immigration and national security law.
