Trump files first Alien Terrorist Removal Court petition in US history

Washington,UPDATED: Jul 19, 2026 19:26 IST

The Trump administration has made the first-ever petition to the Alien Terrorist Removal Court, a little-used court set up nearly 30 years ago to hear government requests to deport people described under US law as \"alien terrorists\". The court had never received a petition until Wednesday, when the Justice Department filed an application seeking the removal of an individual whose name was withheld in the single-page document posted on the court's website.

In a written response, Joan Ericksen, the chief judge of the five-member court, said a hearing was held on Thursday. She said 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\".

Ericksen added, \"The answers persuaded the Court that the Government could benefit from the opportunity for more thoughtful consideration.\" Ericksen, a federal judge in Minnesota, directed the Justice Department to provide more information by Wednesday.

The court was created under the Antiterrorism and Effective Death Penalty Act of 1996, which allows the attorney general to file sealed applications for the deportation of a suspected \"alien terrorist\". If such an application is granted, the court must hold a public hearing where the government has to prove that the person meets that definition. Applications must be approved by the attorney general or the deputy attorney general.

Under federal law, a person may qualify as an \"alien terrorist\" for reasons including having \"engaged in a terrorist activity\", endorsing or supporting terrorist activities, or belonging to a political or social group that encourages terrorist activity. According to a summary on the Federal Judicial Centre website, the court had remained dormant since it was created, receiving no applications and holding no hearings until last week. It consists of five judges chosen by Chief Justice John Roberts.

The Trump administration has moved aggressively over the past year on deportations, including by invoking the Alien Enemies Act, a wartime law from 1798, to remove Venezuelan migrants whom officials accuse of being part of a terrorist gang. During a hearing in that case last year, Washington judge James Boasberg said the Alien Terrorist Removal Court would be the natural forum for a deportation request based on national security grounds. \"In fact, Congress has an answer for us, doesn't it? Because they created the Alien Terrorist Removal Court,\" he said. \"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 first reported by Court Watch, an independent news site. In sum, the filing has activated a court that had never been used before, but the Justice Department has now been asked to submit more details before the matter can move ahead.

With PTI Inputs

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