Trump Administration Makes History With First-Ever Move Against Alleged ‘Alien Terrorist’
The Trump administration has activated a decades-old federal court that had never previously been used, filing the first-ever application seeking the removal of a foreign national accused of being an “alien terrorist.”
The Department of Justice (DOJ) submitted the sealed application to the Alien Terrorist Removal Court (ATRC) on July 15, marking the first time the court has received a petition since it was created by Congress in 1996.
The filing does not identify the individual involved, and the accompanying cover sheet indicates the contents are classified.
The ATRC was established under the Antiterrorism and Effective Death Penalty Act of 1996, a law passed following the Oklahoma City bombing and other terrorism concerns during that period, according to OANN.
The court was designed to handle cases involving foreign nationals considered a national security threat while allowing courts to review government requests for removal.
Chief Judge Joan Ericksen, a U.S. District Court judge in Minnesota, held a sealed hearing Thursday after the DOJ filed the application.
Ericksen later issued an order directing the government to provide additional information, saying the department could benefit from “more thoughtful consideration.
The judge said she had questions about the connection between the government’s allegations and the specific sections of law being used to seek removal.
The DOJ was given until Wednesday to submit additional details before the case moves forward, according to Politico.
Under federal law, applications to the ATRC must be approved by the attorney general or deputy attorney general and include facts supporting the government’s claim that the individual qualifies as an “alien terrorist” and presents a threat to national security.
The law allows the designation of individuals who have engaged in terrorist activity, support or endorse terrorist activity, belong to certain terrorist organizations, or are believed likely to participate in activities that could endanger the United States.
If the court approves the government’s initial application, the individual would receive a public hearing where the DOJ would have to prove that the person meets the legal definition of an “alien terrorist.”
Appeals of ATRC decisions would go to the U.S. Court of Appeals for the District of Columbia Circuit.
The court’s procedures have raised questions among some legal experts because they allow the government to submit classified evidence that the person facing removal may not directly review.
However, the law requires the government to provide an unclassified summary of that evidence to allow the individual to prepare a defense.
The ATRC has five judges selected by Supreme Court Chief Justice John Roberts.
The current members include Ericksen, Timothy DeGiusti of Oklahoma, Karin Immergut of Oregon, Kenneth Karas of New York, and Sara Lioi of Ohio.
The court has remained inactive since its creation, with no prior applications or hearings before the current case.
The administration’s decision to use the ATRC comes after previous legal challenges involving President Donald Trump’s immigration policies, including efforts to remove Venezuelan migrants accused of belonging to Tren de Aragua, a transnational gang the administration has designated as a terrorist organization.
During those proceedings, U.S. District Judge James Boasberg pointed to the ATRC as an existing legal mechanism that could address cases involving national security concerns.
The administration previously argued that the president could rely on other authorities, including the Alien Enemies Act, to address immigration matters involving alleged national security threats.
The first application filed with the ATRC now places that court’s procedures before a judge for the first time since Congress created the system in 1996.
The case will determine how the dormant court operates in practice and whether the Justice Department’s application meets the legal requirements for proceeding under the ATRC framework.
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