30 years ago, the ‘Alien Terrorist Removal Court’ was created and then forgotten. Now the DOJ submitted its first-ever application to it

For three decades, a court existed without ever hearing a single case. The secretive Alien Terrorist Removal Court was established in 1996 and has finally been pulled from its dormant state after the Trump administration filed the first-ever application to it.

Per The Guardian and POLITICO, this marks a shift in how the government is choosing to exercise its deportation authorities.

The Department of Justice submitted a formal application to the Alien Terrorist Removal Court (ATRC) on Wednesday. Until this point, the ATRC has only existed on paper. The application reportedly seeks the removal of a person whose name is currently withheld. According to the documents posted on the court website, details of the July 15 application remain under seal. Since the information is classified, the public is in the dark about who exactly is being targeted and why.

Per reports, ATRC is overseen by five federal judges, selected by the United States Chief Justice, John Roberts. The judges were appointed from across the country. The panel includes Chief Judge Joan Ericksen, along with judges Timothy DeGiusti, Karin Immergut, Kenneth Karas, and Sara Lioi.

The structure is reportedly similar to the Foreign Intelligence Surveillance Court. Interestingly, ATRC was formed in 1996 because of the Antiterrorism and Effective Death Penalty Act of 1996.

An attempt to beat the rulings

Per POLITICO, the activation of this court is an indication of the Trump administration searching for new ways to maximize its deportation power. The outlet noted that the administration has faced hurdles in its efforts to deport individuals accused of being part of transnational gangs. 

The biggest hurdle with this effort took place in 2025. During a previous legal battle regarding the use of the Alien Enemies Act, a 1798 law, U.S. District Judge James Boasberg pointed toward the existence of the ATRC as a potential path for the government. 

According to The Guardian, Boasberg famously challenged the administration during a 2025 hearing, saying, “In fact, Congress has an answer for us, doesn’t it? Because they created the Alien Terrorist Removal Court. 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 case created a ripple through the administration. In the months after, the Attorney General, Pam Bondi, even filed an ethics complaint against Judge James Boasberg. Now, despite taking his advice to heart and initiating the ATRC, DOJ’s first attempt at using the process has reportedly already hit a snag. 

POLITICO reported that Chief Judge Joan Ericksen held a hearing on the matter on Thursday. She was not immediately convinced by the government’s initial filing. In a written order, Ericksen noted that the court had specific questions about the link between the actions of the individual and the legal sections the government is using to justify the removal.

Ericksen, a George W. Bush appointee, wrote, “The answers persuaded the court that the government could benefit from the opportunity for more thoughtful consideration.” She has now directed the Justice Department to provide more information by Wednesday. 

Per the outlet, under the law, any application must be approved by the Attorney General or the Deputy Attorney General, in this case, acting Attorney General Todd Blanche. The application must also include a statement of facts that certifies the individual poses a threat to national security. However, the criteria for being labeled an “alien terrorist” are quite broad. 

According to the law, it can reportedly include someone who has engaged in terrorist activity, endorsed or espoused such activities, or even belonged to a group that encourages them. It even reaches into the lives of family members, as the definition can cover the spouse or child of someone designated as an alien terrorist. 

There’s also a catch-all provision allowing the Secretary of State to label someone an alien terrorist. This would be tied to an intention to engage in activities that could endanger the security of the United States.

If a judge eventually approves the DOJ’s application, the target is supposed to be granted a public hearing to challenge the designation. However, many legal scholars have long questioned whether the court’s procedures, which allow for the use of secret evidence, provide enough due process to meet constitutional standards.

Seamus Hughes of Court Watch was the first to discover the filing. In doing so, he shone a light on a process that most of the legal world had completely forgotten existed.