The Department of Justice submitted its first-ever application to the Alien Terrorist Removal Court on July 15, 2026. This court, established under the Antiterrorism and Effective Death Penalty Act of 1996, has never been used before. The application remains sealed and includes classified information, as indicated by an accompanying cover sheet.
U.S. District Judge Joan Ericksen, who presided over a closed hearing regarding the application, ordered the Justice Department to revise its submission, expressing the need for more thorough consideration. The government has until Wednesday to file an updated application.
The Alien Terrorist Removal Court was created to review government applications for the removal of noncitizens accused of terrorism-related activities. The law broadly defines “terrorist activity” and includes various categories of individuals who may be classified as alien terrorists.
Despite its long existence, the court has never been utilized until now. Previous discussions around the court arose during litigation concerning the deportation of Venezuelan nationals alleged to be part of the transnational gang Tren de Aragua, designated as a foreign terrorist organization by the Trump administration.