WASHINGTON, D.C. — The United States Department of Justice has activated the Alien Terrorist Removal Court for the first time since Congress established the specialised tribunal three decades ago.
The unprecedented case concerns an unnamed non-citizen whom the government seeks to remove on terrorism-related grounds. The application was filed under seal in July 2026, bringing a court that had never previously received a case into active use.
Chief Judge Joan N. Ericksen conducted an initial hearing and asked government lawyers to provide a clearer explanation of how the alleged conduct fits the statutory provisions cited in the application.
What Is the Alien Terrorist Removal Court?
The tribunal was created under the Antiterrorism and Effective Death Penalty Act of 1996. It was designed to handle exceptional national-security removal proceedings in which the government may need to rely on classified information.
The court comprises five serving federal district judges drawn from different judicial circuits and designated by the Chief Justice of the United States. Its current members include Chief Judge Ericksen and Judges Timothy D. DeGiusti, Karin Johanna Immergut, Kenneth M. Karas and Sara Elizabeth Lioi.
How Does the Process Work?
The Attorney General or Deputy Attorney General must approve an application before it is presented to the court. A designated judge then considers whether the person has been properly identified under the law and whether using ordinary immigration proceedings would create a national-security risk.
If the application passes that preliminary stage, the court must conduct a public removal hearing. The respondent is entitled to legal representation, while the government bears the burden of proving its case.
Where classified information is involved, the law permits protective procedures but requires the government to provide an unclassified summary sufficient to enable the respondent to prepare a defence. Appeals from the tribunal are heard by the United States Court of Appeals for the District of Columbia Circuit.
Who May Be Covered by the Law?
The governing statute applies to certain non-citizens alleged to have engaged in, planned, supported or endorsed terrorist activity, or to have qualifying links with organisations connected to such conduct.
However, an allegation or classification does not automatically produce a removal order. The government must satisfy the legal requirements and prove its case before the court.
Why the First Case Matters
Until July 2026, the tribunal had remained dormant, with no applications filed and no proceedings conducted. Its activation may clarify how American courts balance national security, executive immigration authority, classified evidence and procedural fairness.
The development comes amid continuing legal disputes over the Trump administration’s broader deportation policies, including its reliance on the 1798 Alien Enemies Act in cases involving alleged gang members.
The outcome of the new application could shape whether the specialised court becomes a regular part of future national-security immigration cases or remains an extraordinary legal mechanism used only in rare circumstances.
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