For the first time since Congress created it 30 years ago, a secretive federal court ordered the removal of a U.S. resident as an alleged “alien terrorist,” reviving a powerful tool that runs on classified evidence and thin public scrutiny.
Story Snapshot
- The Justice Department used the Alien Terrorist Removal Court to remove Nazira Haji Zada after linking her to an Islamic State-inspired Election Day plot.
- Her son was convicted and sentenced in the related case; she faced no public criminal charges.
- The court allows judges to review secret evidence without sharing it with the defense, raising due-process fights.
- Her lawyers say her consent to removal does not validate the court and call it unconstitutional.
What Happened: A Dormant Court Makes Its First Removal
The Department of Justice announced it secured the removal of Nazira Haji Zada, a 47-year-old Afghan resident of Fort Worth, Texas, through the Alien Terrorist Removal Court, a special tribunal created in 1996 but never used until this year. Prosecutors said she supported an Islamic State-inspired plan to carry out a mass shooting on Election Day in 2024, a plot for which her son and son-in-law were previously arrested and convicted. Officials used classified material under the statute to press the case.
Federal filings show the Attorney General may seek removal when classified information indicates a person is an “alien terrorist,” and a judge can review that material privately and in secret to protect sources and methods. The court can order removal if the government meets a “preponderance of the evidence” standard, which is lower than “beyond a reasonable doubt” in criminal trials. A redacted application in Zada’s case reflects the use of classified information to justify the filing.
The Link to the Election Day Plot and What Is Public
The government points to the earlier convictions of Zada’s family members in an Election Day plot as the factual backdrop for her removal. The Justice Department said her son, Abdullah Haji Zada, received a 15-year federal sentence for plotting an attack inspired by the Islamic State, which anchors the government’s claim that the family network supported the plan. Zada herself did not face public criminal charges tied to the plot. Instead, the department used the civil removal process through the special court.
News reports and court documents describe the Alien Terrorist Removal Court as part of a system built after the 1990s terror era to protect classified intelligence in national security cases. Analysts note the tribunal empowers judges to examine evidence ex parte and in camera, meaning without the defense present and outside public view, to avoid revealing secrets. The court’s activation in 2026 marked its first-known case and its first order since Congress created it in 1996.
Defense Objections: Secrecy, Due Process, and Legitimacy
Zada’s lawyers with the Federal Public Defender’s Office said her decision to consent to removal should not be seen as accepting the court’s legitimacy. They argued the government refused to show them the evidence used against their client, calling that a clear due-process violation. The defense also predicted a judge will strike down the court as unconstitutional once a challenge reaches higher review. A defense motion sought access to the government’s classified material.
First-ever use of the Alien Terrorist Removal Court has now resulted in a deportation. The court was created decades ago specifically for cases involving alleged alien terrorists.
— Mark jaxon (@Mayjay042) September 11, 2026
Civil liberties advocates and some legal scholars have long warned that secret evidence can weaken the fairness of the process. The Congressional Research Service explains how the law lets judges consider evidence that the government will not disclose to the noncitizen or counsel, creating a structural imbalance. Supporters of the court say the model is necessary to act on real threats while shielding intelligence sources, especially when criminal charges are not viable without exposing classified details.
Why This Matters: Power, Accountability, and Public Trust
Activating this court shifts more power to the executive branch in terrorism-linked immigration matters, while reducing the public’s ability to see and weigh the evidence. That alarms people on the left and the right who distrust a system they see as run by elites behind closed doors. The court’s low public visibility and reliance on classified files increase the pressure on judges and Congress to ensure guardrails are real and not only on paper.
Americans want both safety and fairness. The first removal under this court tests whether the country can keep both. The Justice Department says it removed someone tied to a credible plot, and it used a legal tool built for that purpose. The defense says the system hid the evidence and denied a fair fight. The next steps—appeals, oversight, and possible reforms—will decide if this tool stays rare, grows routine, or gets reworked by the courts or Congress.
Sources:
insiderpaper.com, yahoo.com, washingtonpost.com, sbsun.com, news.bloomberglaw.com, atrc.uscourts.gov, congress.gov
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