Justice Department Files First Case in Dormant Alien Terrorist Removal Court
The DOJ submitted its inaugural application to the little-used Alien Terrorist Removal Court, a secretive body created in 1996 to deport non-citizens deemed terrorist threats, prompting judicial requests for more information.
The Justice Department filed its first-ever removal application with the Alien Terrorist Removal Court on July 15, marking the debut of a court established by Congress in 1996 but never previously used. The court, which operates in secrecy, is intended to deport non-citizens classified as "alien terrorists" when classified evidence prevents removal through standard immigration proceedings.
Under the law, only the attorney general can approve such removal requests, and a single judge from the five-member panel appointed by the Supreme Court must decide whether to grant the application. If denied, the government may appeal to the D.C. Circuit Court of Appeals. The filing, reported by Court Watch, remains largely sealed and was submitted before the court’s website was publicly available.
Acting Attorney General Todd Blanche presented his confirmation testimony to the Senate Judiciary Committee on the same day, but lawmakers could not question the DOJ’s decision because the application was not released until a new court website went live days later. A federal judge assigned to the court has asked the department for additional information, though the specifics of the case remain undisclosed.
Immigration attorney Eric Lee warned that the move could set a precedent for detaining individuals based on secret evidence, while former national security attorney Aram Gavoor argued that the involvement of judges who also serve on the Foreign Intelligence Surveillance Court provides a high standard of due-process oversight. Chief Judge Joan Ericksen, who oversees the Alien Terrorist Removal Court, indicated that the government must clarify the connection between the respondent’s actions and the statutory provisions invoked.
The DOJ declined to comment on the sealed case, stating that it will employ all legal tools, including the 1996 court, to remove alien terrorists. The filing follows previous attempts by the department to expedite removals of suspected terrorists, such as invoking the Alien Enemies Act against members of a Venezuelan criminal group.