The Trump administration has activated a forgotten legal mechanism for the first time, filing a petition Wednesday to a secretive court created three decades ago specifically to handle deportations on terrorism grounds.
The Alien Terrorist Removal Court, established in 1996, had sat completely dormant for its entire existence until the Justice Department submitted an application seeking the removal of an unnamed individual. The court operates under seal, and the filing disclosed virtually no details about the case.
Chief Judge Joan Ericksen, a Minnesota federal judge overseeing the five-member court, held a hearing Thursday but pushed back on the government's initial submission. She indicated the agency needed to provide stronger legal justification for its position, directing the Justice Department to submit additional information by the following Wednesday. In her order, Ericksen noted the court had "questions about the nexus that the government alleges" between the respondent's conduct and the specific legal provisions cited.
The ATRC grew out of the Antiterrorism and Effective Death Penalty Act of 1996, which gave the attorney general authority to seek deportations under a tighter legal standard than ordinary removal proceedings. Someone can be classified as an "alien terrorist" under the law by having engaged in terrorist activity, endorsed terrorist groups or activities, or belonged to organizations promoting terrorism. All applications must be approved by the attorney general or deputy attorney general before filing.
If the court grants a petition, it must conduct a public hearing where the government bears the burden of proving the individual meets the statutory definition. The five judges are selected by Chief Justice John Roberts.
The activation of this court comes as the Trump administration has pursued an aggressive deportation agenda since the president took office in early 2025. The administration has already invoked the Alien Enemies Act of 1798, a wartime statute, to move against Venezuelan migrants authorities have described as gang members.
Federal Judge James Boasberg in Washington actually suggested the ATRC during oral arguments in that Venezuelan gang case, noting Congress had created the specialized court precisely for national security deportation questions. His remarks appeared to signal judicial openness to the administration's approach on such matters.
The ATRC's existence had been obscure enough that most legal observers and immigration officials had essentially forgotten it. The court received no petitions and held no hearings from its creation through this week, according to records from the Federal Judicial Center.
Author James Rodriguez: "A dormant law finally getting used raises real questions about how far this administration will push specialized legal tools designed for extraordinary circumstances."
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