For the first time in its nearly three-decade existence, a secretive US court designed to handle the deportation of “alien terrorists” has received a petition, filed by the Trump administration.
The Alien Terrorist Removal Court, established in 1996, had remained dormant until this past Wednesday, when the Justice Department submitted an application seeking the removal of an individual whose identity remains undisclosed.
Chief Judge Joan Ericksen, who presides over the five-member court, confirmed that a hearing was held on Thursday.
In a written response, Judge Ericksen noted the court had “questions about the nexus that the government alleges between the actions of the respondent and the specific sections and subsections it invokes with respect to those actions.”
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She added, “The answers persuaded the Court that the Government could benefit from the opportunity for more thoughtful consideration,” and directed the Justice Department to provide additional information by Wednesday.
The court’s authority originates from the Antiterrorism and Effective Death Penalty Act of 1996. This legislation permits the attorney general to file sealed applications for the deportation of suspected “alien terrorists.”
If an application is granted, a public hearing must follow, where the government bears the burden of proving the individual meets the definition. Federal law defines an “alien terrorist” as someone who has “engaged in a terrorist activity,” endorsed such activities, or belongs to a group encouraging them.
Until last week, the court, comprised of five judges selected by Chief Justice John Roberts, had never received an application or conducted a hearing, according to a summary on the Federal Judicial Center website.
The Trump administration has aggressively pursued deportations, notably invoking the 1798 Alien Enemies Act to remove Venezuelan migrants who officials accuse of being part of a terrorist gang.
During a hearing last year concerning that act, Washington judge James Boasberg suggested the Alien Terrorist Removal Court would be the appropriate venue for national security-based deportation requests.
“In fact, Congress has an answer for us, doesn’t it? Because they created the Alien Terrorist Removal Court,” he stated. “So if there’s a national security concern with having these hearings…you can always go to the ATRC, which would be a first, but that’s what it’s there for, right?”
The petition was initially reported by the independent news site Court Watch.
