‘Alien Terrorist Removal Court,’ created in 1996, holds first-ever hearing

Key Points:

• Nazira Haji Zada, a 47-year-old Texas resident and mother of two convicted ISIS-inspired attackers, became the first person to appear before the Alien Terrorist Removal Court (ATRC), a court created in 1996 but never used until now to expedite deportation of alleged alien terrorists.
• The Department of Justice (DOJ) alleges Nazira played a key role in a plot to disrupt the 2024 U.S. Election Day with a mass shooting, citing her support for the Islamic State and her involvement in arranging travel to Afghanistan for her family.
• Nazira, a lawful permanent resident, has not been criminally charged, and her lawyers argue that the ATRC process violates constitutional rights including due process and several amendments, framing it as a civil matter distinct from criminal prosecution.
• The DOJ defends the use of the ATRC as a necessary tool to remove alien terrorists, with Acting Attorney General Todd Blanche emphasizing the court’s congressional origin and the seriousness of the allegations against Nazira and her family.
• The case raises significant constitutional questions about the use of the ATRC, which has remained dormant for decades possibly to avoid legal challenges, and it remains uncertain whether this attempt at deportation will withstand judicial scrutiny.