The Trump administration has initiated the first-ever case in the Alien Terrorist Removal Court (ATRC), a little-known tribunal established by Congress in 1996. The Justice Department filed its application for a removal order on July 15, aiming to deport an unnamed illegal immigrant suspected of terrorism.
This marks the first attempt in the court's nearly three-decade history to utilize a law allowing the government to deport noncitizens suspected of terrorism through a specialized judicial process that relies on sealed classified evidence. Legal scholars have referred to the ATRC as a "zombie" court, and its successful use could establish it as a significant tool for removing suspected terrorists.
"This Department of Justice will use every tool available to bring alien terrorists to justice and remove them from the United States, including by use of this court established by Congress in 1996," a Justice Department spokesperson told Fox News Digital.
The move follows comments made in March by Chief U.S. District Judge James Boasberg, who suggested the ATRC as an alternative venue for handling terrorism-related deportation cases. Boasberg raised the possibility while presiding over litigation challenging the administration's use of the Alien Enemies Act to deport alleged members of the Venezuelan gang Tren de Aragua. He had temporarily blocked the administration's use of that wartime law for those removals, leading to a legal battle.
"In fact, Congress has an answer for us, doesn't it? Because they created the Alien Terrorist Removal Court," Boasberg said during a hearing. "So if there's a national security concern with having these hearings, whether via habeas or otherwise, you can always go to the ATRC, which would be a first, but that's what it's there for, right?"
Hans von Spakovsky, a senior legal fellow at Advancing American Freedom, stated that it was overdue for the Justice Department to utilize this court. "I think it is a sign of negligence, frankly, of prior presidents that they did not use this special court, this special procedure that was specifically set up by Congress, so that they could quickly get aliens — aliens who were either terrorists or supported terrorist activities — out of the U.S.," von Spakovsky said.
The initial one-page application filed with the ATRC contained minimal details, omitting the individual's identity, alleged conduct, and the specific legal statutes cited. ATRC Chief Judge Joan N. Erickson, appointed by President George W. Bush, requested additional information from the Justice Department, noting that the court needed more clarity on the alleged nexus between the respondent's actions and the invoked legal sections.
Erickson provided the Justice Department until Wednesday to submit further documentation. The ATRC is composed of five federal judges serving five-year terms and handles cases where the government asserts that classified evidence cannot be made public due to national security concerns. In such instances, the respondent receives an unclassified summary of the evidence.
When the Antiterrorism and Effective Death Penalty Act, which created the ATRC, was signed into law by President Bill Clinton in 1996, he stated, "From now on we can quickly expel foreigners who dare to come to America and support terrorist activities." However, then-Senator Joe Biden reportedly criticized the law, calling such secret hearings and secret evidence "as un-American as it gets."
According to a 9/11 Commission staff report, the Justice Department considered approximately 100 cases for the ATRC between 1998 and 2002, but all were rejected. Some terrorism-related cases were instead processed through the regular immigration court system.
The Trump administration's attempt to use the ATRC comes amid challenges from federal judges who have previously blocked, delayed, or narrowed aspects of its immigration enforcement agenda. Von Spakovsky suggested that the ATRC could streamline terrorism-related deportations and reduce interference from judges he characterized as "rogue."