The Trump administration has initiated a historic legal action, activating the Alien Terrorist Removal Court (ATRC) for the first time since its establishment in 1996. On July 15, the Department of Justice (DOJ) submitted a sealed application to the ATRC, seeking the removal of a foreign national identified as an "alien terrorist." This unprecedented filing marks the inaugural petition received by the court, which has remained dormant for nearly three decades.
The ATRC was created under the Antiterrorism and Effective Death Penalty Act of 1996, a legislative response to heightened terrorism concerns following events such as the Oklahoma City bombing. Its purpose is to provide a specialized judicial mechanism for handling cases involving foreign nationals deemed a threat to national security, allowing courts to review government requests for their removal from the United States.
Details surrounding the specific individual involved in the current application remain classified, with the accompanying cover sheet indicating the sensitive nature of its contents. Following the DOJ’s submission, Chief Judge Joan Ericksen, a U.S. District Court judge in Minnesota and a member of the ATRC, presided over a sealed hearing on Thursday. After reviewing the initial filing, Judge Ericksen issued an order directing the government to provide additional information, suggesting the department could benefit from "more thoughtful consideration." She reportedly raised questions regarding the connection between the government's allegations and the specific legal sections cited to seek the individual's removal. The DOJ has been given until Wednesday to submit these additional details before the case can proceed further.
Under federal law, any application to the ATRC must receive approval from either the Attorney General or Deputy Attorney General. The application must also include compelling facts supporting the government's claim that the individual meets the legal definition of an "alien terrorist" and poses a threat to national security. The law broadly defines "alien terrorist" to include individuals who have engaged in, supported, or endorsed terrorist activity, belong to designated terrorist organizations, or are believed likely to participate in activities that could endanger the United States. Should the court approve the government’s initial application, the individual would then be granted a public hearing where the DOJ would be required to publicly prove that the person meets the legal criteria for an "alien terrorist." Decisions rendered by the ATRC are subject to appeal to the U.S. Court of Appeals for the District of Columbia Circuit.
The court's operational procedures have drawn scrutiny from some legal experts, particularly concerning provisions that allow the government to present classified evidence that the individual facing removal may not directly access. However, the law stipulates that the government must provide an unclassified summary of such evidence, enabling the individual to adequately prepare a defense. The ATRC is composed of five judges, who are selected by Supreme Court Chief Justice John Roberts. Current members include Judge Ericksen, Timothy DeGiusti of Oklahoma, Karin Immergut of Oregon, Kenneth Karas of New York, and Sara Lioi of Ohio.
The Trump administration's decision to utilize the ATRC comes after previous legal challenges related to President Donald Trump’s immigration policies. These past efforts included attempts to remove Venezuelan migrants accused of affiliation with Tren de Aragua, a transnational gang that the administration has designated as a terrorist organization. During those proceedings, U.S. District Judge James Boasberg had previously referenced the ATRC as an existing legal mechanism capable of addressing cases involving national security concerns. The administration had also explored reliance on other authorities, such as the Alien Enemies Act, to handle immigration matters involving alleged national security threats.
The current application to the ATRC now places the court’s procedures under judicial review for the first time since its inception in 1996. The case is expected to establish precedents for how this long-dormant court will operate in practice and will scrutinize whether the Department of Justice’s application fully adheres to the legal requirements outlined within the ATRC framework.
