Trump Administration Activates Dormant Alien Terrorist Removal Court

The Donald Trump administration has activated the Alien Terrorist Removal Court for the first time since its creation under the Antiterrorism and Effective Death Penalty Act of 1996. On July 15, 2026, the United States Department of Justice submitted a sealed, classified application seeking the removal of a noncitizen accused of terrorism-related crimes.

Chief Judge Joan N. Ericksen held a closed hearing on July 16 to review the request. During the proceedings, Judge Ericksen questioned the connection between the respondent's alleged conduct and the specific statutory provisions required to designate someone as an alien terrorist. She subsequently ordered the government to provide additional factual and legal analysis by July 22, 2026.

The application required the approval of Acting Attorney General Todd Blanche. This legal move is viewed as a significant escalation in the administration's crackdown on illegal immigration and follows efforts to maximize deportation authority, including attempts to label members of the Tren de Aragua gang as terrorists. Legal scholars have expressed concern that the court's reliance on secret evidence may violate constitutional due process.