Justice Department activates untested court for ‘alien terrorist’ deportations

by | Jul 19, 2026 | Politics

News summary produced by Claude AI

The Justice Department has initiated the first application to the Alien Terrorist Removal Court, a five-member tribunal established three decades ago but previously unused. The petition, filed on Wednesday, seeks the deportation of an individual whose name is withheld from public records. The court’s chief judge, Joan Ericksen, a federal judge in Minnesota, stated that a hearing occurred the following day during which the court identified concerns regarding the government’s articulation of the connection between the respondent’s conduct and the applicable legal provisions being invoked. Judge Ericksen directed the Justice Department to submit additional documentation by the following Wednesday to address these questions.

The Alien Terrorist Removal Court derives its authority from the Antiterrorism and Effective Death Penalty Act of 1996. Under this framework, the attorney general may file sealed applications for removal of suspected “alien terrorists.” The law permits designation of individuals who have engaged in terrorist activities, endorsed such activities, or belonged to political or social groups that encourage terrorism. The court has remained dormant since its creation, with no applications or hearings conducted until the recent filing. The tribunal comprises five judges selected by Chief Justice John Roberts.

The Trump administration has pursued an expansive deportation agenda over the preceding year, including invoking the Alien Enemies Act of 1798 in removal proceedings against Venezuelan migrants whom officials characterize as members of a terrorist gang. During a hearing in that case, federal judge James Boasberg suggested the Alien Terrorist Removal Court represented the appropriate venue for national security-related deportation requests, noting Congress had specifically created the court for such purposes. The recent petition was initially reported by Court Watch, an independent news outlet.

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