Trump Administration Activates Dormant Alien Terrorist Removal Court

The Donald Trump administration has activated the Alien Terrorist Removal Court (ATRC) for the first time since its creation by Congress 30 years ago. 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. The application required approval from Acting Attorney General Todd Blanche.

Chief Judge Joan N. Ericksen presided over a closed hearing on July 16, where she questioned the connection between the respondent's alleged conduct and the specific statutory provisions cited by the government. Judge Ericksen ordered the Justice Department to provide additional factual and legal analysis by July 22, stating that the government could benefit from "more thoughtful consideration" of the nexus between the target's actions and the law.

Established by the Antiterrorism and Effective Death Penalty Act of 1996, the ATRC had remained dormant for three decades until this filing. The move is part of a broader escalation in aggressive deportation efforts, including previous attempts to label Tren de Aragua gang members as terrorists and the use of the 1798 Alien Enemies Act against Venezuelan migrants. Legal scholars have expressed concerns that the court's reliance on secret evidence may violate constitutional due process.