The Justice Department has filed its first removal application with the long-dormant Alien Terrorist Removal Court (ATRC), marking the first time the court has been used in nearly three decades.
The ATRC was created in 1996 to allow the government to expel noncitizens suspected of terrorism through a specialized judicial process that can rely on sealed, classified evidence. The court remains largely unused, having never heard a case before this filing.
The application is a one-page sealed document that does not disclose the suspect’s identity, the alleged conduct, or the specific anti‑terrorism statute invoked. The court’s chief judge requested additional information before proceeding.
Judge Joan Erickson, who oversees the ATRC, asked the Department for more details to clarify the connection between the alleged actions and the cited legal provisions. The court granted a deadline for the additional documentation.
In a related context, a federal judge has suggested the ATRC could serve as an alternative to the Alien Enemies Act for handling terrorism‑related deportations, highlighting concerns about national security and judicial efficiency.
Although the ATRC was designed to expedite removal of individuals who threaten national security, it has not been used since its inception, and earlier cases were either rejected or redirected to ordinary immigration courts.
The court consists of five federal district judges serving five‑year terms. When evidence is deemed too sensitive for public disclosure, the government supplies the respondent with an unclassified summary while retaining the classified materials for the court’s review.
If the removal order is granted, the case could signal a revival of the ATRC as a powerful tool for expelling suspected terrorists, potentially reducing delays and limiting judicial interference in such matters.
