The Trump administration has taken a unique step by filing a petition with a rarely used court tasked with handling deportation requests for suspected “alien terrorists.” This court, the Alien Terrorist Removal Court, was established back in 1996 but had never been called into action until now.
Last Wednesday, the Justice Department submitted this historic application to the court, seeking to remove an individual whose identity remains confidential. The application appeared as part of a brief document shared on the court’s website.
Chief Judge Joan Ericksen, one of the five judges on the court, noted in a written statement that a hearing took place on Thursday. During this session, the court expressed a need for clearer explanations about the alleged connection between the individual’s actions and specific legal statutes cited by the government. Ericksen, a federal judge based in Minnesota, mentioned that the responses provided convinced the court that further information was necessary. Therefore, the Justice Department was directed to submit additional details by the following Wednesday.
The formation of the court aligns with the Antiterrorism and Effective Death Penalty Act of 1996. This law allows for secret applications by the attorney general to deport individuals suspected of terrorism. If the court approves an application, a public hearing must follow, where the government must substantiate its claim. Such applications require approval from either the attorney general or the deputy attorney general.
Federal regulations define an “alien terrorist” as someone involved in terrorist activities, advocating for terrorism, or being part of a group that supports such actions.
Despite its establishment, the court had remained inactive until recently, as mentioned on the Federal Judicial Center’s website. The selection of judges is made by Chief Justice John Roberts.
In the past year, the Trump administration has actively pursued deportations and has even referenced historical legislation like the Alien Enemies Act from 1798. This act was used to expel Venezuelan migrants accused of being part of a terrorist organization.
In a separate case last year, Judge James Boasberg of Washington highlighted the Alien Terrorist Removal Court as an appropriate venue for addressing deportations involving national security. He noted that Congress created this court specifically for such scenarios, making it a viable option.
The filing was initially reported by Court Watch, a news outlet focused on legal proceedings.