Trump Administration Invokes Rare Court for Deportation Petition

The Trump administration has taken a novel step by submitting a petition to a little-known court designed for cases involving individuals deemed as ‘alien terrorists.’ This court, called the Alien Terrorist Removal Court, was established in 1996 but had not received any petitions until recently. On Wednesday, the Justice Department filed an application to deport an unidentified individual, marking the court’s first potential case.

The Alien Terrorist Removal Court operates under the guidelines of the Antiterrorism and Effective Death Penalty Act of 1996. This legislation permits the attorney general to request the deportation of suspected ‘alien terrorists.’ If the court approves the application, a public hearing must be held where the government must prove the individual’s terrorist links. Applications require approval from either the attorney general or deputy attorney general.

The legal criteria for someone to be designated as an ‘alien terrorist’ include engaging in terrorist activities, endorsing such activities, or being part of a group that promotes them.

Joan Ericksen, the chief judge of the five-member court, responded to the filed petition, noting that the court had questions regarding the government’s claims. She stated that the answers provided thus far suggested that further information was needed, and the Justice Department was instructed to supply more details by the following Wednesday.

This court had been inactive since its inception, with no prior petitions or hearings until now. It consists of five judges selected by Chief Justice John Roberts.

Recently, the Trump administration increased its efforts to deport individuals by employing laws such as the Alien Enemies Act of 1798 to expel Venezuelan migrants accused of terrorist links. In a prior case, Washington judge James Boasberg suggested that the Alien Terrorist Removal Court could appropriately handle such national security-related deportations, confirming its intended purpose.

The incident was initially reported by Court Watch, an independent news outlet known for covering judicial matters.