ATRC Resumes Hearings
Alien Terrorist Removal Court Holds First Hearing in Decades Amid Deportation Authority Expansion
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Key Points
1
The ATRC is comprised of five U.S. district judges appointed by the Chief Justice, each from a different federal circuit, and the Chief Justice may appoint judges who also sit on the Foreign Intelligence Surveillance Court.
2
Under the AEDPA framework, applications to remove an 'alien terrorist' must be approved by the attorney general or deputy attorney general and must include a sworn statement of facts detailing why the individual qualifies as an 'alien terrorist' and poses a national security threat.
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The court has established a Court Watch website to publish orders and updates; the initial order was released in redacted form, and the DOJ was directed to file sealed supplemental information by July 17 with a response due by July 21 (subsequent reporting also cites a July 22 deadline for additional information).
4
Politico reports the ATRC’s activation is framed as a major escalation in the Trump administration’s drive to broaden deportation authority, noting past attempts to deport Venezuelan nationals under Tren de Aragua and Judge Boasberg’s remarks about the ATRC’s existence.
The United States government has activated the Alien Terrorist Removal Court for the first time in roughly 30 years, submitting a sealed application to remove an individual it considers a terrorist threat, according to AOL News and The Sun. The move marks a major escalation in the Trump administration's push to expand deportation authority.
The court, known as the ATRC, was created by Congress in 1996 but had never been used before this application, RedState reported. A federal judge has already issued an initial order, and the case remains largely classified.
What the ATRC Is and How It Works
Congress created the Alien Terrorist Removal Court in 1996 as part of the Anti-Terrorism and Effective Death Penalty Act. The court is made up of five U.S. district judges. The Chief Justice appoints one judge from each of the five federal circuits. Those judges may also serve on the Foreign Intelligence Surveillance Court, according to Parriva.
To use the ATRC, the attorney general or deputy attorney general must approve the application. The application must include a sworn statement of facts. That statement must explain why the person qualifies as an 'alien terrorist' and why their presence in the United States is a threat to national security, Parriva noted.
What 'Alien Terrorist' Means Under the Law
The law defines an 'alien terrorist' as a noncitizen who has engaged in — or is reasonably likely to engage in — terrorist activity. That activity includes hijacking transportation, seizing or threatening to kill people, using weapons of mass destruction, or providing material support to a designated Foreign Terrorist Organization.
If the court approves the government's application, the case moves to a public removal hearing. The government must then prove two things: that the person is an alien terrorist, and that their presence threatens national security. The case file can include sealed, classified evidence, according to WND.
Judge Orders More Information, Deadline Set for July 17
Judge Joan N. Ericksen held the court's first hearing after the Department of Justice filed its initial application. No sworn testimony was given. The judge said questions remain about how the alleged conduct fits the legal definition of an alien terrorist, according to Parriva.
Judge Ericksen ordered the government to file additional sealed information by July 17, with a response due by July 21. A subsequent report also cited a July 22 deadline. The court set up a public 'Court Watch' website to post orders and updates. The initial order was released in redacted form.
Trump Administration Frames Move as Deportation Power Play
The Trump administration is using the ATRC as part of a broader effort to speed up deportations. Past attempts to deport Venezuelan nationals linked to the gang Tren de Aragua hit legal roadblocks. Federal Judge James Boasberg had previously noted the ATRC's existence as a possible legal path, according to RedState.
AOL News described the move as 'a significant escalation' in the administration's drive to broaden its deportation authority. The identity of the individual named in the application has not been made public. The case is ongoing, and further filings and possible hearings are expected.
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