Trump Administration Utilizes Dormant Court for Deportation Request
The Trump administration has initiated a groundbreaking move by filing the first-ever petition to the Alien Terrorist Removal Court, a rarely used judicial body established three decades ago to handle cases involving the deportation of alleged “alien terrorists” from the United States.
Formed under the Antiterrorism and Effective Death Penalty Act of 1996, the Alien Terrorist Removal Court had remained inactive until the recent petition was filed by the Department of Justice. The name of the individual in question remains undisclosed in the brief document available on the court’s website.
The court comprises five judges selected by Chief Justice John Roberts, with the current chief judge, Joan Ericksen, presiding over the matter. Ericksen, a federal judge based in Minnesota, noted in a written response that a hearing took place on Thursday. During this session, the court raised questions concerning the government’s alleged connection between the respondent’s actions and the relevant legal sections invoked.
“The answers persuaded the Court that the Government could benefit from the opportunity for more thoughtful consideration,” Ericksen remarked, directing the Justice Department to provide additional information by the following Wednesday.
Under federal law, an individual can be classified as an “alien terrorist” based on factors such as participation in terrorist activities, support for such activities, or membership in a group that promotes terrorism. The removal request must be approved by the attorney general or deputy attorney general and, if accepted, leads to a public hearing where the government must prove the allegations.
The Trump administration has taken assertive steps in recent years to expedite deportations, including utilizing the Alien Enemies Act of 1798 to deport individuals accused of posing a national security threat, such as Venezuelan migrants alleged to be part of a terrorist group.
Judge James Boasberg, who presided over a related case last year, highlighted that the Alien Terrorist Removal Court was intended to handle deportation requests involving national security issues. He stated, “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?”
The submission of this petition marks a pivotal moment for the Alien Terrorist Removal Court, which had never previously processed an application or conducted a hearing, as reported by the Federal Judicial Center’s website. The news of the petition was initially reported by Court Watch, an independent news outlet.
