After sitting unused for 30 years, a secretive federal court just ordered the removal of an alleged alien terrorist, and the Justice Department carried it out.
Story Snapshot
- The Justice Department used the Alien Terrorist Removal Court (ATRC) for the first time in 2026 to target Afghan national Nazira Haji Zada.
- Chief Judge Joan Ericksen led the court’s inaugural proceedings after an initial order in mid-July 2026.
- The government sought removal using classified evidence procedures created by Congress in 1996.
- The Justice Department announced Haji Zada’s deportation, marking the court’s first completed case.
What Triggered the First Case
The Department of Justice announced on July 30, 2026, that it had filed the first-ever case in the United States Alien Terrorist Removal Court. Officials identified the respondent as Nazira Haji Zada, age 47, who lived in Fort Worth, Texas. The move activated a court that Congress created in 1996 but had never used. The filing said the government would seek removal on national security grounds and would rely on the specialized rules that govern the court.
The court’s chief judge, Joan Ericksen, began proceedings after issuing the tribunal’s first public order in mid-July 2026, confirming the government’s application and setting the process in motion. News outlets reported that the court then held an initial public session, while much of the activity would occur under seal due to classified evidence rules. The early hearing did not decide the case but directed the government to supply more details supporting its request.
How the ATRC Works and Why It Exists
Congress designed the Alien Terrorist Removal Court in 1996 to handle removal cases that depend on classified intelligence, which cannot be shown in normal immigration court without risking sources and methods. The law allows judges to review classified material in private and to limit what the noncitizen and the public can see, while still requiring a legal basis for removal. The structure seeks a balance between security and due process that traditional proceedings may not achieve in terrorism-linked cases.
Analysts and court historians note the court remained dormant for decades because its rules are unusual and hard to square with ordinary open-court norms. Researchers describe it as part of a larger trend in national security law, where leaders build special tools for rare, high-risk cases but then hesitate to use them. The 2026 case provided the first real-world test of that model, offering a path for removal when evidence cannot safely be made public.
The Outcome and What It Means
On September 11, 2026, the Justice Department said the United States had removed Haji Zada, making the case the first completed action in the court’s history. Reporting stated that Chief Judge Ericksen had directed removal after reviewing the government’s evidence under the court’s process. The department’s action showed that the ATRC can now move a case from filing to deportation, using procedures that Congress authorized but no administration had tested until 2026.
NEW: The first deportation of the constitutionally suspect Alien Terrorist Removal Court happened weeks ago, following a secret plea deal.
DOJ told the public about the deportation on 9/11—a choice that tells us much about where 9/11 took the U.S. and where we are now.
Law…
— Chris “Law Dork” Geidner (@chrisgeidner) September 11, 2026
This first case will shape how future administrations and courts handle terrorism-linked removals. Supporters will see a long-stalled security tool finally used as intended. Civil liberty advocates will watch how judges handle secrecy, notice to the respondent, and the right to contest evidence. Many Americans, across party lines, worry both about safety and about fairness. This early test underscores a deeper concern: government often builds complex systems, then struggles to use them in ways that earn public trust.
Sources:
pjmedia.com, justice.gov, npr.org, politico.com, axios.com, congress.gov, justsecurity.org, newsmax.com