Secretive Federal Court Hears First Case in Bid to Deport Afghan Woman

immigration

A secretive federal court created nearly 30 years ago for immigration cases held its first public hearing Thursday as the Trump administration sought to deport an Afghan woman accused of supporting the Islamic State group.

The Alien Terrorist Removal Court heard arguments involving Nazira Haji Zada, a 47-year-old lawful permanent resident. Federal authorities allege Haji Zada promoted extremist beliefs within her family and concealed plans for an ISIS-inspired attack targeting voters on Election Day in 2024. She has not been charged with a crime.

Her son and son-in-law pleaded guilty to offenses connected to the alleged plot. Prosecutors have described Haji Zada as a central influence within the family, but her attorney, Matthew Farley, argued that the government’s case relies heavily on classified evidence that the defense cannot fully review or challenge.

Farley said the proceeding violates Haji Zada’s constitutional right to due process and asked U.S. District Judge Joan Ericksen to order her release. Ericksen rejected the request but indicated that her detention could be reconsidered later.

Congress established the five-judge court in 1996 to consider government requests to remove noncitizens accused of terrorism. However, the Justice Department had never filed a case with the court before the Trump administration initiated proceedings against Haji Zada in July.

Unlike traditional immigration proceedings, the court may review classified evidence without providing all of it to the person facing deportation. Justice Department attorneys said releasing the information could expose intelligence sources and counterterrorism methods.

The first hearing also revealed practical uncertainty surrounding the long-dormant court. Attorneys and court officials confronted unresolved questions about filing procedures, access to sensitive materials and the handling of future hearings.

No date was immediately scheduled for the next proceeding.

The case against Zada represents a new and largely untested phase of President Donald Trump’s expansive deportation campaign, which has inundated federal courts with immigration cases that sometimes rely on novel or legally uncertain arguments and whether its reliance on secret evidence can withstand constitutional challenges.
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