Key facts
- The U.S. convened the Alien Terrorist Removal Court for the first time to deport Nazira Haji Zada.
- Haji Zada is accused of supporting an Islamic State-inspired plot.
- The court was established in 1996 but had remained unused until this month.
- Haji Zada's defense lawyer argued the court's use violates due process and is unconstitutional.
- The court's chief judge denied the defense's request to dismiss the case.
The U.S. government has utilized the long-dormant Alien Terrorist Removal Court for the first time to pursue the deportation of Nazira Haji Zada, an Afghan woman accused of supporting an Islamic State-inspired plot. A hearing was held Thursday in Washington, D.C., for the government's petition.
The court, established by Congress in 1996, allows the government to rely on classified evidence in deportation cases. Prosecutors allege Haji Zada indoctrinated her children with ISIS ideology and concealed her family's radicalization and a planned move to ISIS territory. Her son and son-in-law pleaded guilty last year to related charges concerning a failed Election Day mass shooting plot.
During the hearing, Haji Zada's lawyer, Matthew Farley, argued that the court's activation violates due process and is unconstitutional, calling it a "runaround to bringing a criminal case." He requested the case be dismissed and his client immediately released. Chief Judge Joan Ericksen denied the request but indicated Zada's lawyers could renew their arguments as the case proceeds. The court's lack of prior cases was evident as participants resolved basic procedural questions.
The FBI arrested Haji Zada at her Fort Worth home on Tuesday. Acting Attorney General Todd Blanche stated the allegations show the "matriarch of an ISIS-sympathizing family aiding in a plot to launch a mass casualty attack on American voters on Election Day."