Trump Administration Files Historic Petition in Alien Terrorist Removal Court

The Trump administration has made history by filing the first-ever petition to the Alien Terrorist Removal Court. This court, established 30 years ago, is tasked with evaluating government requests to deport individuals deemed as ‘alien terrorists’ from the United States.

The Alien Terrorist Removal Court was created in 1996 but remained inactive until the Justice Department’s recent action. The application submitted to the court seeks the deportation of a specific individual, whose identity has been withheld from the public.

The court consists of five judges selected by Chief Justice John Roberts. The current chief judge, Joan Ericksen, revealed in a written response that a hearing took place shortly after the filing. During the hearing, the court posed questions about the government’s claimed link between the respondent’s actions and the legal provisions cited.

Judge Ericksen indicated that the court found the government’s initial explanations insufficient and suggested that further consideration could be beneficial. She instructed the Justice Department to submit additional information by the following Wednesday.

This secretive court’s authority is rooted in the Antiterrorism and Effective Death Penalty Act of 1996. The act allows the attorney general to file confidential applications for the deportation of suspected ‘alien terrorists.’ Successful applications lead to a public hearing where the government must demonstrate that the individual meets the criteria of an ‘alien terrorist.’

Federal law defines an ‘alien terrorist’ as someone who participates in terrorist activities, endorses such activities, or belongs to a group promoting terrorism.

Since its inception, the court had been dormant. Until this recent petition, it had received no cases and held no hearings, according to the Federal Judicial Center’s website.

In recent actions, the Trump administration has been proactive in executing deportations. This includes using the Alien Enemies Act of 1798 to expel Venezuelan migrants labeled as members of a terrorist gang.

James Boasberg, a judge in a related deportation case, noted that the Alien Terrorist Removal Court is fitting for handling deportation requests tied to national security. He emphasized that Congress intended for such matters to be addressed by this specific court.

The filing of this petition was initially reported by Court Watch, an independent news outlet.