The once-inactive Alien Terrorist Removal Court, established in 1996, has received its first petition from the Trump administration, marking a significant development in U.S. legal proceedings regarding national security and immigration. This unprecedented action seeks to deport an individual identified as an “alien terrorist,” although the person’s identity remains confidential.
The Justice Department submitted this historic petition last Wednesday, as detailed on the court’s official website. The court, which had remained dormant for over two decades, was originally formed under the Antiterrorism and Effective Death Penalty Act of 1996. This act empowers the attorney general to seek the removal of individuals suspected of terrorism-related activities. Approval of such applications requires a public hearing where the burden of proof lies with the government.
According to federal law, an “alien terrorist” is defined by various criteria, including participation in or endorsement of terrorist activities or association with groups that promote such actions. The five-member court, selected by Chief Justice John Roberts, had not conducted any hearings or received petitions until this recent filing.
Chief Judge Joan Ericksen, responding to the petition, noted that a court hearing had already taken place. During this session, the judges questioned the connection alleged by the government between the respondent’s actions and the specific legal provisions cited. Ericksen stated, “The answers persuaded the Court that the Government could benefit from the opportunity for more thoughtful consideration.” She has requested additional information from the Justice Department by the following Wednesday.
In a related context, the Trump administration has been actively pursuing deportations, invoking historical laws such as the Alien Enemies Act of 1798. This has included efforts to deport Venezuelan individuals accused of terrorist affiliations. During a previous case, Judge James Boasberg suggested that the Alien Terrorist Removal Court would be the appropriate venue for handling deportation requests on national security grounds. He remarked, “In fact, Congress has an answer for us, doesn’t it? Because they created the Alien Terrorist Removal Court. So if there’s a national security concern with having these hearings…you can always go to the ATRC, which would be a first, but that’s what it’s there for, right?”
This significant legal motion was initially reported by Court Watch, an independent news outlet.
