The Trump administration has made a historic move by filing a petition to the Alien Terrorist Removal Court. This secretive court was established nearly three decades ago but remained inactive until a recent petition from the Justice Department.
On Wednesday, the Justice Department sought the deportation of an unnamed individual, claiming their actions qualify them as an ‘alien terrorist.’ Details of the case were withheld from the brief document on the court’s website.
Judge Joan Ericksen, the chief judge of this five-member court, stated that a hearing took place on Thursday. The court scrutinized the evidence presented by the government, questioning the link between the individual’s actions and the legal definitions cited. Ericksen noted that further details from the Justice Department are expected by Wednesday.
This court’s authority comes from the Antiterrorism and Effective Death Penalty Act of 1996. The act allows the attorney general to seek deportations for individuals suspected as ‘alien terrorists.’ After filing an application, the court must publicly assess whether the individual meets the terrorist criteria. Factors include engagement in, endorsement, or membership in groups associated with terrorist activities. Approval comes from high-ranking officials, either the attorney general or deputy.
Despite its creation, the court has been inactive. It never received applications or held meetings before last week, according to the Federal Judicial Center. The court consists of judges chosen by Chief Justice John Roberts.
In recent times, the Trump administration has intensified efforts to deport individuals, employing various legal frameworks. This includes the Alien Enemies Act of 1798, used to deport Venezuelan migrants accused of gang-related terrorism. During a hearing last year, Judge James Boasberg pointed to the Alien Terrorist Removal Court as appropriate for such national security-related deportation concerns, highlighting its intended use by Congress.
The petition was first reported by Court Watch, providing the public with information about this unprecedented application.
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