US Domestic — 2026-07-21

Trump DOJ Activates Never-Used Alien Terrorist Removal Court for First Case in 30-Year History

BLUFActivation of this dormant court will likely stall on first-impression procedural questions well before reaching a merits ruling, limiting its near-term utility as a repeatable deportation channel.

The Justice Department filed the first-ever application to the Alien Terrorist Removal Court on July 15, seeking removal of an unnamed individual under a sealed, one-page petition that withholds the person's identity, alleged conduct, and the specific statutory provision invoked 12. Chief Judge Joan Ericksen held a hearing on July 16 and, citing unresolved questions about the "nexus" between the respondent's alleged actions and the sections of law cited, ordered the government to submit a supplemental filing with additional factual and legal analysis by Wednesday 123. The court, created under the 1996 Antiterrorism and Effective Death Penalty Act and composed of five district judges appointed by the Chief Justice, had never received an application or held a proceeding in its 30-year existence 24. The filing was first reported by the outlet Court Watch 34, and the Washington Examiner reported the application's contents remain classified and sealed, with Deputy Attorney General Todd Blanche required to have certified it before submission 5.

Analysis
DOJ's first-ever use of the dormant 1996 Alien Terrorist Removal Court tests whether classified, ex parte evidence can drive a deportation without adversarial challenge. Ericksen's refusal to grant the sealed application outright, instead demanding a firmer nexus between alleged conduct and the statute's terrorism definition before Wednesday, signals genuine gatekeeping rather than a rubber stamp on this first-impression filing; the order may simply reflect routine caution in an untested procedural posture rather than doubt about the underlying case. Sourcing rests entirely on five outlets giving secondary, convergent accounts of the same court filings and order, with no primary transcript or document available. How the supplemental submission fares will set the evidentiary bar DOJ must clear to use this venue again.

5 sources

Trumps DOJ turns to a never-used court for its next deportation fight - Axios
Justice Department activates untested court for 'alien terrorist' deportations - PBS News (AP)
The Alien Terrorist Removal Court's First Case - Just Security
The Trump admin DOJ went to a secretive deportation court this week - Law Dork
DOJ uses decades old 'alien terrorist' deportation court for first time - Washington Examiner