Forgotten US court of 'secrecy' could mean more deportations

Since 1996, approximately 4.5 million individuals have been deported from the United States. Until recently, none of these cases involved the Alien Terrorist Removal Court (ATRC). Nazira Haji Zada, a 47-year-old Afghan woman living in Texas with permanent residency, is now returning to her homeland after conceding she is an alien terrorist and waiving her appeal of the removal order. This marks a significant win for national security and the rule of law, according to US Attorney General Todd Blanche.

However, Zada's public defenders argue that the case shouldn't be seen as an endorsement of the court's legitimacy. The ATRC, established in 1996 following the Oklahoma City bombing, is designed to handle non-U.S. citizens facing terrorism-related charges where evidence is confidential or related to national security. Law professor Hiroshi Motomura from UCLA suggests that the Trump administration is using the ATRC as a deportation tool.

The court's process is complex and secretive, requiring a lower standard of evidence than usual. While the government must demonstrate probable cause and show why standard deportation procedures pose a national security risk, the defendant and their attorneys are not privy to the evidence against them. This raises concerns about due process, as Motomura argues that such a court violates constitutional rights.

Zada's lawyers contend that dragging lawful permanent residents into court without disclosing evidence is unconstitutional. They express confidence that the ATRC will be struck down as unconstitutional. Given the Trump administration's zero-tolerance policy on immigration and its use of deportation to various countries, it is likely that another case will be brought before the ATRC in the future, potentially impacting justice and due process.