DOJ Activates Alien Terrorist Removal Court for the First Time in 30 Years

DOJ Activates Alien Terrorist Removal Court for the First Time in 30 Years

The Justice Department filed the first-ever petition to the Alien Terrorist Removal Court (ATRC), a specialized tribunal Congress created in 1996 that had never been used until now. The DOJ is seeking to deport an unnamed individual it alleges is an "alien terrorist," with the person's identity withheld under seal. 

The five-judge court, chaired by Judge Joan Ericksen and selected by Chief Justice Roberts, held an initial hearing and directed the DOJ to submit additional legal justification, saying the government hadn't yet shown a sufficient link between the respondent's actions and statutory requirements for removal. 

The move follows a broader pattern of the administration using aggressive deportation tools, including the 1798 Alien Enemies Act against alleged Venezuelan gang members — a case where a federal judge specifically pointed to the ATRC as the proper venue for national-security deportations. 

Supporters argue this fulfills the court's original purpose and gives the government a lawful, judicially-supervised tool for handling sensitive terrorism-related deportation cases. 

Critics counter that the court's reliance on classified evidence and sealed proceedings raises due-process concerns, and note Congress designed it narrowly for exceptional cases, not as a tool for broader immigration enforcement. Legal experts say it's unlikely to become a vehicle for mass removals given its case-by-case judicial review requirement.