Afghan Woman Fights Deportation as 'Alien Terrorist' in Landmark Court Case

A federal judge has denied a request to release Nazira Haji Zada, an Afghan woman and U.S. permanent resident accused by the Justice Department of being an "alien terrorist." Her court-appointed lawyer, Matthew Farley, vowed to fight the deportation efforts, arguing the entire legal process is unfair and unconstitutional.

During the first-ever hearing in the secretive Alien Terrorist Removal Court, established in 1996, Farley accused the Justice Department of violating Haji Zada's due process rights. He contended that the case uses a lower evidentiary standard than traditional criminal proceedings, effectively circumventing a criminal trial. "This entire scheme is in violation of due process and unconstitutional," Farley told U.S. District Judge Joan Ericksen, the chief judge of the court.

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This entire scheme is in violation of due process and unconstitutional.

The Alien Terrorist Removal Court has remained dormant and untested for three decades. Its procedures are so new that it lacks an electronic filing system. Targets of its proceedings, including legal permanent residents, cannot review classified evidence against them and are barred from challenging how the evidence was collected. Green card holders like Haji Zada, who resides in Texas, have slightly enhanced protections, such as the right to government-appointed counsel with a security clearance.

Haji Zada, who appeared in court with an interpreter, faces allegations of helping "radicalize" family members to support the Islamic State group. Her son and son-in-law were previously convicted for purchasing firearms as part of an alleged plot targeting the 2024 election. Haji Zada has no criminal history and has never been charged with a terrorism crime.

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dormant and untested for three decades.