The Trump administration is pursuing the deportation of an unnamed illegal immigrant suspected of terrorism through the Alien Terrorist Removal Court (ATRC), which has not previously heard any cases. The Justice Department submitted its first application for a removal order to the court on July 15, marking a significant use of a law established nearly 30 years ago that allows for the deportation of noncitizens suspected of terrorism using classified evidence. If successful, this could revitalize the court, which has been referred to as a 'zombie' court by some legal scholars.
A spokesperson for the Justice Department stated, 'This Department of Justice will use every tool available to bring alien terrorists to justice and remove them from the United States, including by use of this court established by Congress in 1996.' This move follows comments from Chief U.S. District Judge James Boasberg, who suggested the ATRC as a viable option for handling terrorism-related deportation cases.
The ATRC was created through the Antiterrorism and Effective Death Penalty Act, signed into law by President Bill Clinton in 1996. It consists of five federal district judges who handle cases involving classified evidence that cannot be disclosed for national security reasons. The court has not been utilized effectively in the past, with many cases being rejected or processed through regular immigration courts instead.
The Justice Department's application is currently pending, and ATRC Chief Judge Joan N. Erickson has requested additional information before proceeding. The court's ability to expedite terrorism-related deportations could potentially reduce judicial interference in such cases, according to legal experts.