For the first time in its three-decade existence, a secretive federal court created to handle the deportation of suspected terrorists has been put to use, as the Trump administration enforces the nation’s counterterrorism laws to their fullest extent.
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The Justice Department filed an application Wednesday with the Alien Terrorist Removal Court seeking the removal of an individual accused of terrorist ties, according to a filing posted on the court’s website. The identity of the person remains withheld.
Congress established the court in 1996 under the Antiterrorism and Effective Death Penalty Act, giving the attorney general authority to seek the deportation of “alien terrorists” through a specialized judicial process. Despite being on the books for nearly 30 years, the court had never received a single application until this week. The tool is now being activated under President Donald Trump’s aggressive push to root out national security threats.
Chief Judge Joan Ericksen, a federal judge in Minnesota who leads the five-member panel, said in a written response that the court held a hearing Thursday and had “questions about the nexus that the government alleges between the actions of the respondent and the specific sections and subsections it invokes with respect to those actions.”
“The answers persuaded the Court that the Government could benefit from the opportunity for more thoughtful consideration,” Ericksen wrote, giving the Justice Department until Wednesday to submit additional information.
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Under the law, if an application is granted, the court must hold a public hearing where the government carries the burden of proving the individual meets the legal definition of an alien terrorist: someone who has engaged in terrorist activity, endorsed such activity, or belonged to a group that encourages it. Applications require sign-off from the attorney general or deputy attorney general, ensuring the process carries the weight of the nation’s top law enforcement officials.
The filing is the latest step in the administration’s effort to use every legal tool available to remove dangerous individuals from the country, following its invocation of the 1798 Alien Enemies Act to deport Venezuelan nationals accused of gang ties. During a hearing on that case last year, U.S. District Judge James Boasberg himself pointed to the Alien Terrorist Removal Court as the appropriate venue for national security-related deportation proceedings, telling attorneys, “Congress has an answer for us… they created the Alien Terrorist Removal Court.”
The five judges on the court were appointed by Chief Justice John Roberts, giving the panel a measure of judicial independence even as it operates largely out of public view.
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