Justice Department Launches New 'Deportation Court' in Washington

The Justice Department has activated a never-before-used "deportation court" in Washington, D.C., designed to quickly remove non-citizens accused of terrorism or posing national security threats.

This unprecedented move marks a major shift in how the government handles high-stakes national security cases, raising immediate alarms among civil rights advocates over the erosion of fundamental due process protections.

By utilizing this dormant tribunal, the government can bypass standard criminal proceedings and rely on classified evidence that remains entirely hidden from the accused.

WHAT HAPPENED

The Justice Department turned to the Alien Terrorist Removal Court, a specialized judicial body created by Congress in 1996 that had sat completely dormant for three decades. The court's first-ever hearing took place in Washington, D.C., targeting Nazira Haji Zada, a 47-year-old lawful permanent resident living in Fort Worth, Texas, who originally emigrated from Afghanistan.

Federal authorities accuse Zada of pledging loyalty to the Islamic State (ISIS) and working to radicalize her family members. Her son and son-in-law were previously convicted and sentenced for plotting an ISIS-inspired mass shooting on Election Day in 2024. Rather than charging Zada in a standard criminal court, where she would be entitled to full constitutional protections, the Justice Department initiated these first-of-their-kind civil deportation proceedings.

Key Facts of the Case:

The Court: The Alien Terrorist Removal Court was established under the Antiterrorism and Effective Death Penalty Act of 1996 but was never used until this month.

• The Defendant: Nazira Haji Zada, a 47-year-old green card holder from Fort Worth, Texas.
• The Accusation: Pledging loyalty to ISIS and helping her family plan a disrupted 2024 Election Day terror plot.
• The Mechanism: The court allows the government to present classified, secret evidence that neither the defendant nor her defense counsel is permitted to see or challenge.
• The Legal Standard: Unlike criminal courts, which require proof beyond a reasonable doubt, this tribunal operates under a lower standard of proof to order deportation.

WHY IT MATTERS

Civil rights groups and legal scholars warn that the activation of this dormant court represents a dangerous shortcut around the U.S. Constitution. The ability of the government to deport a legal permanent resident using secret evidence is a direct challenge to the Fifth Amendment's guarantee of due process. Under the rules of this court, defendants are stripped of their fundamental right to confront their accusers or challenge whether the government's evidence was obtained illegally.

Critics argue that if the government has sufficient evidence of a crime, it should prosecute individuals in public criminal courts. By opting for this secretive tribunal, the Justice Department avoids public scrutiny and lowers the bar for deporting residents. Legal experts fear this could set a chilling precedent, allowing the government to use classified national security claims to bypass constitutional guardrails in other areas of immigration enforcement.

WHAT HAPPENS NEXT

Zada remains in federal custody following her arrest earlier this week. During the initial 40-minute status hearing in Washington, her public defender immediately signaled plans to challenge the constitutionality of the court itself.

The presiding judge, Senior U.S. District Judge Joan Ericksen, acknowledged the procedural hurdles of operating a court that is essentially "building on the fly," but stated she is committed to being faithful to the Constitution. The legal battle over Zada's deportation is expected to move forward, with any subsequent appeals likely heading to the U.S. Court of Appeals for the District of Columbia Circuit. The outcome of this case will dictate how the government utilizes this powerful legal tool in the future.

WHAT WE STILL DON'T KNOW

• Will federal appeals courts rule that the use of secret evidence in these deportation proceedings violates the constitutional right to due process?
• How many other non-citizens does the Justice Department intend to target using this newly activated tribunal?
• What specific classified evidence does the government possess against Nazira Haji Zada that it refuses to make public?

SOURCE NOTE

This story draws on reporting from NPR.