WASHINGTON—The U.S. Department of Justice has filed the first-ever petition with the Alien Terrorist Removal Court, activating a little-used judicial body created by Congress in 1996 to consider government requests to deport non-U.S. citizens accused of terrorism-related activity, according to court records and judicial officials.
The application, filed under seal, seeks the removal of an unnamed individual whose identity has not been made public. The case marks the first proceeding before the five-judge court since its creation under the Antiterrorism and Effective Death Penalty Act of 1996.
Chief Judge Joan N. Ericksen said a sealed hearing was held after the filing but indicated the court required additional information from the government before moving forward. In a written order, Ericksen said the court had questions about the connection between the respondent's alleged actions and the statutory provisions cited by federal prosecutors. She directed the Justice Department to submit additional material by Wednesday.
Under federal law, applications to the court must be approved by the attorney general or deputy attorney general and may initially be filed under seal. If the court determines the application satisfies statutory requirements, it must hold a public hearing at which the government bears the burden of proving the individual meets the legal definition of an "alien terrorist." The law outlines several qualifying criteria, including alleged engagement in terrorist activity or support for organizations involved in such activity.
The Justice Department has not publicly identified the respondent or disclosed the allegations supporting the petition, citing the sealed nature of the proceeding. Because the filing remains confidential, the underlying claims have not been independently verified through public court records.
The filing comes as the Trump administration continues to pursue expanded immigration enforcement measures, including efforts to remove noncitizens accused of ties to designated terrorist organizations. During separate litigation involving deportations under the Alien Enemies Act, U.S. District Judge James Boasberg noted that the Alien Terrorist Removal Court was the forum Congress established for national security-related deportation proceedings.
According to the court's public website, the current matter is listed as the first case on its docket. As of July 20, the court had not ruled on the government's petition, and the Justice Department was expected to provide additional information in response to the judge's order.
