US Uses Secretive 1996 Court to Deport Legal Resident for First Time
Washington, Monday, 14 September 2026.
The U.S. Department of Justice used a secret 1996 court for the first time, deporting a legal resident to Afghanistan over alleged family terror ties without criminal charges.
Historic Deportation Order Executed
On September 11, 2026, the U.S. Department of Justice publicly confirmed the first-ever deportation order secured through the Alien Terrorist Removal Court, marking a significant shift in national security enforcement [1][2]. The subject of the order, Nazira Haji Zada, a 47-year-old lawful permanent resident from Afghanistan, was removed to her country of origin following proceedings that commenced in July 2026 [1][4]. Zada conceded to being an alien terrorist and waived her rights to challenge the detention, according to court documents unsealed on the 25th anniversary of the September 11 attacks [1][4]. Prosecutors alleged that Zada radicalized her family and pledged loyalty to ISIS, contributing to a foiled plot by her son and son-in-law to conduct a mass shooting on Election Day 2024 [1][2]. Her son, Abdullah Haji Zada, was sentenced to 15 years in federal prison, while her son-in-law, Nasir Ahmad Tawhedi, pleaded guilty to terrorism-related charges [1][4]. The government claimed the family liquidated assets, including vehicles and furniture, to fund the planned attack [1].
Legal Challenges and Due Process Concerns
The Alien Terrorist Removal Court was established by Congress under the Antiterrorism and Effective Death Penalty Act of 1996 but remained unused until this case, ending a 30-year hiatus of the court’s operation [1][4]. Chief Judge Joan Ericksen ordered the removal on August 20, 2026, after Zada appeared before the court on July 30, 2026 [1][4]. Court-appointed attorneys Matthew Farley and Mary Manning Petras argued that refusing to show evidence to the defendant violates due process [1][2]. They stated that Zada’s consent to removal should not be seen as an endorsement of the court’s legitimacy [2][4]. The attorneys expressed confidence that the court would be struck down as unconstitutional if asked to address the issue [1][2].
National Security Implications
Attorney General Todd Blanche described the case as a landmark win for national security and the rule of law [3][4]. Blanche stated the department would use every tool at its disposal to protect the country, indicating potential future use of the court [3][4]. Former Justice Department attorney Jess Dawgert suggested the department is likely to use the court again [4]. The Justice Department unsealed the court’s removal order on Friday, September 11, 2026, coinciding with the 25th anniversary of the September 11 attacks [4]. The government stated the delay in unsealing the order was to ensure the subject reached her final destination [4].