The Trump administration has activated the Alien Terrorist Removal Court for the first time, initiating a new deportation process aimed at swiftly removing individuals deemed to be terrorists.
Congress created the court in 1996 as part of the Antiterrorism and Effective Death Penalty Act. The law authorized the Chief Justice of the United States to assign five district court judges to review applications for removing alien terrorists from the country.
Under the statute, the Attorney General may file a sealed application for removal. A single judge can approve it if the individual is correctly identified as an alien terrorist and standard removal would threaten national security.
If approved, the court must hold a public hearing where the government proves its case and the accused may retain counsel. Classified material must be summarized in unclassified form so the defendant can prepare a defense.
A July 16 order shows the United States filed its first-ever application to the court on July 15 against an unnamed respondent. Chief Judge Joan Eriksen wrote that the government needed more time for thoughtful consideration after a hearing that day.
The court’s use follows earlier resistance from the judiciary over attempts to deport Venezuelan nationals under the Alien Enemies Act. A federal judge had noted that Congress provided a dedicated court for terrorist removals rather than unilateral executive action.
The administration argued that the existence of the court did not bar use of other statutory powers. Legal filings require approval from the attorney general and a certified statement that the individual poses a national security threat.
The activation marks a significant expansion of deportation authority through a mechanism that had remained unused for nearly three decades.
