Trump Aims to Activate 30-Year-Old Court That Never Heard a Case

The Trump administration has reportedly activated a federal court, established nearly 30 years ago, that has never before heard a case. On July 15, 2026, the Justice Department filed the first-ever petition with the Alien Terrorist Removal Court (ATRC), a specialized tribunal created by the 1996 Antiterrorism and Effective Death Penalty Act. This court was designed to handle government requests for the deportation of individuals designated as "alien terrorists," often relying on classified national security information.

The activation of the ATRC, which had remained dormant since its inception, marks a significant and unprecedented move by the Trump administration to expand its legal tools for deporting non-citizens accused of terrorism. However, the initial filing faced scrutiny from Chief Judge Joan Ericksen, who, after a closed hearing, requested further legal justification from the Justice Department regarding the alleged actions of the respondent. This suggests the court will not automatically approve government requests and requires additional clarification before the case can proceed.

The court's procedures, which allow for sealed evidence and limited public access, have historically raised constitutional questions and concerns among legal experts regarding due process. Previous administrations had refrained from utilizing the ATRC, making the current administration's decision to activate it a notable development in U.S. immigration enforcement policy.