DOJ Activates Never-Used Alien Terrorist Removal Court

The Trump administration has filed a first-ever petition to a secretive and dormant court created 30 years ago to handle government requests to deport individuals labeled as “alien terrorists,” marking a significant escalation in the administration’s immigration enforcement strategy.

The Justice Department submitted a sealed, classified application to the Alien Terrorist Removal Court (ATRC) on July 15, seeking the removal of an individual whose identity remains unknown. The court, established by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) in response to the Oklahoma City bombing, had never received an application or conducted any proceedings in its three-decade existence.

A Court Awakened After 30 Years

Created by Congress and signed into law by President Bill Clinton, the ATRC was designed to handle deportation cases involving classified national security evidence. It consists of five federal district judges selected by Chief Justice John Roberts, serving staggered renewable five-year terms from different judicial circuits.

The current judges include Chief Judge Joan Ericksen (a George W. Bush appointee from Minnesota), Timothy DeGiusti (Oklahoma, Bush appointee), Karin Immergut (Oregon, Trump appointee), Kenneth Karas (New York, Bush appointee), and Sara Lioi (Ohio, Bush appointee).

According to the Federal Judicial Center, the court had never received an application from the Attorney General for the removal of an alien terrorist, and had therefore conducted no proceedings — until last week.

Judge Expresses Reservations

Chief Judge Joan Ericksen held a sealed hearing on July 16 to review the application. In a one-page order made public on July 18, she expressed skepticism about the strength of the government’s case, noting “questions about the nexus that the government alleges between the actions of the respondent and the specific sections and subsections it invokes.”

“The answers persuaded the Court that the Government could benefit from the opportunity for more thoughtful consideration,” Ericksen wrote, directing the Justice Department to provide additional information by July 22.

The application was first discovered by Seamus Hughes, a journalist and researcher who runs the independent legal news site Court Watch. Hughes spotted the filings on the court’s newly created website, prompting Politico and the Associated Press to publish major reports on the development.

Legal Framework and Due Process Concerns

Under federal law, an “alien terrorist” is defined as any non-citizen who has engaged in or is reasonably likely to engage in terrorist activity — including hijacking, assassination, use of weapons of mass destruction, or providing material support to foreign terrorist organizations. The definition also extends to individuals who endorse or espouse terrorist activities, belong to groups that encourage terrorism, or are spouses or children of those deemed alien terrorists.

The ATRC’s procedures allow for sealed, classified applications that the deportation target may never see. If a judge grants the application, a public hearing follows where the government bears the burden of proof. Appeals go to the D.C. Circuit Court of Appeals.

Legal scholars have long questioned whether these procedures satisfy constitutional due process requirements. The court’s 30-year dormancy has led many to speculate that previous administrations — both Democratic and Republican — were reluctant to test its constitutionality. As one 1998 Senate report acknowledged, “the wrong case could mean the constitutional nullification of the ATRC.”

Broader Immigration Enforcement Context

The activation of the ATRC follows the Trump administration’s aggressive deportation push, including invoking the 1798 Alien Enemies Act to remove Venezuelan migrants labeled as Tren de Aragua gang members. During litigation over those removals, U.S. District Judge James Boasberg noted that the ATRC “would be the natural forum” for national security deportation requests.

“In fact, Congress has an answer for us, doesn’t it? Because they created the Alien Terrorist Removal Court,” Boasberg said during a hearing last year. “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?”

Trump administration attorney Drew Ensign responded that just because the administration could use the ATRC does not mean it was prohibited from using other legal authorities.

What’s Next

The Justice Department must respond to Chief Judge Ericksen’s order by July 22 with additional factual and legal analysis. If the application is ultimately granted, a public hearing would follow, and any appeal would go to the D.C. Circuit Court of Appeals.

Civil liberties organizations are expected to challenge the process, potentially setting up a constitutional test of the ATRC’s secret evidence provisions. The identity of the individual targeted for removal remains classified, and it is unclear whether this will become a regular tool for the administration or a one-off case.

What is clear is that after three decades of dormancy, the Alien Terrorist Removal Court is finally being tested — and the outcome could have far-reaching implications for the balance between national security and due process in American immigration law.