First use of Alien Terrorist Removal Court sends Afghan woman back after Election Day ISIS plot: DOJ

An Afghan woman accused of supporting an ISIS-inspired mass shooting on Election Day 2024 has been deported back to her home country in the first successful use of a specialized federal court established by Congress — the U.S. Alien Terrorist Removal Court (ATRC) — 30 years ago to determine whether a non-citizen is an "alien terrorist."

Nazira Haji Zada, 47, was sent back to Afghanistan after recently admitting to the ATRC that she was an "alien terrorist" and waving an appeal, according to the Department of Justice (DOJ).

"This landmark case, resulting in the prompt removal of this alien terrorist to her country of origin, is a win for national security and the rule of law," Attorney General Todd Blanche said in a statement. "Those who support and condone terrorism should not be living in the United States, and this first-ever case before the ATRC shows how the [DOJ] will use every tool at its disposal to protect our country."

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Zada’s son and son-in-law, Abdullah Haji Zada and Nasir Ahmad Tawhedi, were previously convicted for their part in the alleged plot. The men were arrested in October 2024, after allegedly buying firearms and ammunition from an undercover FBI agent.

They later admitted to buying AK-47 rifles to carry out a mass shooting on behalf of the Islamic State. Zada's son was sentenced to 15 years in prison, and Tawhedi is awaiting sentencing, according to the DOJ. 

Zada, who had been living as a permanent resident in Fort Worth, Texas, is not allowed back in the U.S. again. The court had issued an order of removal for Zada on Aug. 20.

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FBI Director Kash Patel called Zada’s deportation a "historic and vitally important step in our work to protect the U.S. homeland from terrorism."

He added: "An individual who supported a plot by ISIS-sympathizing family members to commit an attack in America has paid the price for that. She came to our country, betrayed it, and has now lost the right to live here and enjoy our democratic freedoms. This FBI and our Justice Department partners will protect the American people from the threat of terrorism, using all means necessary."

The family allegedly began selling their possessions to raise money for the attack and the family bought one-way tickets to Kabul, except for her son and Tawhedi.

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Haji Zada’s attorneys said her decision to consent to removal "should not be seen as an endorsement of this court’s legitimacy."

"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," the defense lawyers said in a statement Friday. "We are confident that the Alien Terrorist Removal Court will be struck down as unconstitutional as soon as a judge is asked to address the issue."

The court’s authority was given by Congress in 1996, but Zada’s deportation is the first time it's been used.

The Associated Press contributed to this report.