Trump Administration Petitions Alien Terrorist Removal Court

The Trump administration made a historic move by filing a petition with an obscure and inactive court, aimed at deporting individuals identified as ‘alien terrorists’ from the United States.

Created in 1996 under the Antiterrorism and Effective Death Penalty Act, the Alien Terrorist Removal Court had never received a petition until recently. On Wednesday, the Justice Department submitted an application targeting an unnamed individual. This document, spanning a single page, is available on the court’s website.

Chief Judge Joan Ericksen, leading the five-member court, revealed that a hearing took place on Thursday. During this session, the court raised questions concerning the government’s alleged link between the respondent’s actions and the cited legal sections. Ericksen, a federal judge in Minnesota, noted that the responses led the court to encourage the government to provide further detailed evidence by the following Wednesday.

The authority of this court stems from the 1996 Act, allowing the attorney general to submit blocked applications for the removal of alleged ‘alien terrorists.’ Should an application succeed, the law demands an open hearing where the government must prove that the respondent fits the terrorist classification. Such applications require approval from the attorney general or deputy attorney general.

An individual may be deemed an ‘alien terrorist’ based on activities such as engaging in or advocating for terrorism or association with groups supporting terrorist acts, as outlined in federal law.

Since its inception, the court had remained inactive, as indicated by a summary on the Federal Judicial Center website. The court comprises five judges, appointed by Chief Justice John Roberts.

Recently, the Trump administration has intensified deportation efforts, even applying a rarely used 1798 wartime statute, the Alien Enemies Act, against Venezuelan migrants allegedly tied to terrorism. In a related case, Washington Judge James Boasberg suggested the Alien Terrorist Removal Court as the appropriate venue for such national security issues. He remarked, ‘Congress has an answer for us…the Alien Terrorist Removal Court,’ implying the court’s role in addressing security-related deportations.

The petition was initially reported by Court Watch, an independent journalism outlet.