Trump Administration Activates Untested Court for 'Alien Terrorist' Deportations

The Trump administration has, for the first time, activated the previously dormant Alien Terrorist Removal Court (ATRC) to expedite the deportation of individuals designated as "alien terrorists." The Justice Department submitted its initial application to the court on July 15, 2026, marking the first use of the court since its establishment in 1996 under the Antiterrorism and Effective Death Penalty Act.

The specifics of the application remain sealed and classified. Following a closed hearing, Chief Judge Joan Ericksen requested the government to submit a more thorough application, indicating that the court had questions regarding the alleged link between the individual's actions and the legal provisions cited for removal. The ATRC was created to facilitate the deportation of non-citizens involved in terrorism-related activities while safeguarding classified intelligence.

This activation follows the administration's broader efforts to expand its deportation authority, including previous attempts to deport Venezuelan nationals under the Alien Enemies Act, during which a judge suggested the ATRC as the appropriate venue for national security-based deportations. The court's disuse since its inception has been attributed by some legal experts to concerns over due process, particularly regarding procedures that permit the use of secret evidence not accessible to the deportation targets.