First Use of Alien Terrorist Removal Court Results in Deportation

A significant development has emerged as a supporter of an ISIS-inspired mass shooting plot in the United States has been deported. This marks the first-ever use of the Alien Terrorist Removal Court (ATRC), launched by the Trump Department of Justice (DOJ). In July, the DOJ sought a removal order against 47-year-old Nazira Haji Zada, an Afghan national. Zada admitted to supporting her sons’ planned ISIS-inspired mass shooting on Election Day 2024. On August 20, the ATRC issued a removal order, later unsealed, which led to Zada’s deportation back to Afghanistan. She is now permanently barred from entering the U.S., as reported by U.S. Citizenship and Immigration Services.

This case marks the first activation of the ATRC, despite its nearly 30-year existence. Congress established this court to facilitate the deportation of noncitizens suspected of terrorism, relying on classified evidence. Although the ATRC was established decades ago, it remained unused, earning the nickname “zombie” court among legal scholars.

The Trump administration’s successful activation of the court serves as a new tool for removing suspected terrorists from the U.S.

The move follows Chief U.S. District Judge James Boasberg’s suggestion that the ATRC could handle terrorism-related deportation cases. Previously, the Trump administration faced challenges using the Alien Enemies Act. Attorney General Todd Blanche initiated the removal order application on July 15. ATRC Chief Judge Joan Ericksen presided over the hearing, signing the removal order.

The DOJ presented classified information to establish Zada as an alien terrorist. Zada and her federal public defender attorneys received extensive documentation supporting the government’s case. She admitted to plotting an Election Day attack in 2024 with her son and son-in-law, both arrested previously.

The court documents detailed how the family planned the attack, including selling personal property to finance it. They also attempted to purchase weapons and ammunition for a large-scale attack. The family bought one-way tickets to Kabul, excluding her son and son-in-law.

The DOJ, with this precedent, aims to use every available tool to protect national security. Attorney General Blanche stated the successful invocation of the ATRC represents a major achievement in national security and legal enforcement.

FBI Director Kash Patel highlighted the importance of the case. Zada, who supported a plot by family members sympathetic to ISIS, has been removed. Patel emphasized that the DOJ, along with the FBI, will use all means necessary to protect the U.S.

Department of Homeland Security Secretary Markwayne Mullin noted that from President Trump’s tenure, a priority was set on the safety and security of the American people. The ATRC’s use reflects this focus.

DOJ spokesperson conveyed that this department will continue using all available resources to ensure the removal of alien terrorists. This development comes amid contentious legal challenges concerning the Trump administration’s immigration enforcement policies.

Hans von Spakovsky, a senior legal fellow, described the prior lack of ATRC use as negligence. The ATRC, part of the Antiterrorism and Effective Death Penalty Act signed in 1996 by President Bill Clinton, enables swift expulsion of those involved in terrorism. The court’s unique mandate allows for classified evidence to remain confidential while summarizing the case for the respondent.

In the past, this legislation faced criticism, notably from then-Senator Joe Biden. The 9/11 Commission’s report noted that several cases were considered for the ATRC but were rejected.

The Justice Department’s usage of the ATRC could streamline similar cases, minimizing potential interference from opposing courts. Von Spakovsky remarked on the utility of this specialized court as a potential deterrent to what he views as unwarranted judicial intervention in immigration matters.