On July 15, 2026, the Department of Justice filed an application requesting the Alien Terrorist Removal Court to authorize proceedings against an unnamed alien suspected of terrorism. Established in 1996 under the Antiterrorism and Effective Death Penalty Act, this marks the first attempt to utilize the court since its creation.

At a preliminary hearing on July 16, Chief Judge Joan Ericksen expressed concerns about the connection between the alien’s conduct and the statutory provisions cited in the application, granting the government an opportunity to supplement its case.

Section 401 of the law’s conference report notes that alien terrorists often exploit procedural provisions available to all deportable aliens to delay removal. The Alien Terrorist Removal Court was designed with special procedures to remove suspected terrorists without disclosing classified information.

However, according to the 9/11 Commission staff’s 2004 Terrorist Travel report, the court was largely unused because new immigration laws allowed classified evidence in traditional deportation hearings, reducing the need for a special court.

Hans von Spakovsky, a senior fellow at Advancing American Freedom, criticized previous administrations for not using the court, calling it “a sign of negligence” given its congressional mandate to expedite the removal of alien terrorists.

The attorney general or deputy attorney general must certify probable cause that the subject is an alien terrorist and that ordinary immigration proceedings would pose a national security risk. Consequently, the court’s proceedings are intended for cases involving classified information that cannot be adequately protected in standard immigration hearings.

If successful, this case could revive the dormant court as a powerful tool for deporting suspected alien terrorists.

Sources