The Justice Department has initiated proceedings in a previously unused court, filing the first-ever petition to the Alien Terrorist Removal Court. Established in 1996, the court was created to consider government requests for the deportation of individuals identified as "alien terrorists."
The petition was filed on Wednesday, with the name of the individual withheld from the publicly posted document. The court, comprised of five judges appointed by Chief Justice John Roberts, convened a hearing on Thursday. Chief Judge Joan Ericksen stated in a written response that the court had "questions about the nexus that the government alleges between the actions of the respondent and the specific sections and subsections it invokes with respect to those actions."
Ericksen directed the Justice Department to provide further information by Wednesday, noting that the court "could benefit from the opportunity for more thoughtful consideration." The government's application requires approval from the attorney general or deputy attorney general.
Federal law defines an "alien terrorist" as an individual who has "engaged in a terrorist activity," endorses or espouses terrorist activities, or belongs to a political or social group that encourages terrorist activity, among other factors. The court's authority stems from the Antiterrorism and Effective Death Penalty Act of 1996.
According to a summary on the Federal Judicial Center website, the Alien Terrorist Removal Court had remained dormant since its inception, having received no prior applications. A judge presiding over a separate case involving Venezuelan migrants last year had suggested the Alien Terrorist Removal Court as a potential venue for national security-related deportation requests. The Trump administration has recently utilized existing laws, including the 1798 Alien Enemies Act, for deportations, accusing some migrants of being part of a terrorist gang.
The initial petition to the Alien Terrorist Removal Court was first reported by the news site Court Watch.