Trump Administration Utilizes Alien Terrorist Removal Court

The Trump administration has taken unprecedented action by filing a petition with the Alien Terrorist Removal Court. This court was established in 1996 but remained unused until recently.

On Wednesday, the Justice Department submitted an application aiming to deport an unidentified person, claimed to be an ‘alien terrorist.’ Details are scarce, as the individual’s name is not disclosed in the public document.

The court’s chief judge, Joan Ericksen, highlighted concerns during a Thursday hearing. She noted the court raised questions about the link between the individual’s actions and the government’s allegations.

Judge Ericksen suggested more detailed consideration might benefit the government, urging the Justice Department to provide additional information.

The court’s powers derive from the Antiterrorism and Effective Death Penalty Act of 1996. This law allows the attorney general to apply for deportation of suspected ‘alien terrorists’ under seal. Approved applications lead to public hearings, where the government must prove terrorist involvement.

Federal criteria for ‘alien terrorists’ include participation in terrorist activities or affiliation with groups promoting such activities.

The court has been inactive since its creation, shown by a Federal Judicial Center summary. It consists of five judges, chosen by Chief Justice John Roberts.

The Trump administration has aggressively pursued deportations. They previously invoked the Alien Enemies Act of 1798 to deport Venezuelan migrants allegedly part of a terrorist group. During a hearing on this matter, Judge James Boasberg suggested that the Alien Terrorist Removal Court is apt for cases involving national security.

‘In fact, Congress has an answer for us, doesn’t it? Because they created the Alien Terrorist Removal Court. 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?’ he remarked.

Court Watch, an independent news site, first reported the petition’s filing.