3 articles · Updated · Washington Examiner · Jul 18
Summary
July 15 marked the Justice Department’s first-ever application to the Alien Terrorist Removal Court, but Chief Judge Joan Ericksen ordered a rewrite after a closed hearing and gave prosecutors until Wednesday to resubmit.
Ericksen said the government needed “more thoughtful consideration,” citing unresolved questions about the target’s alleged conduct and whether it meets the statute’s standard for an “alien terrorist.”
The sealed filing contains classified information and required approval from Acting Attorney General Todd Blanche under the 1996 law creating the court to review efforts to remove noncitizens accused of terrorism-related activity.
The never-used court resurfaced in 2025 litigation over deporting more than 100 Venezuelans allegedly tied to Tren de Aragua, when Judge James Boasberg pointed to it as Congress’s existing judicial pathway.
Will new Supreme Court limits on government power challenge this first-ever secret deportation case?
As a secret court hears its first case, will the legal definition of 'terrorist' now expand to include gang members?
Why use a court for one person while using military force against their alleged organization abroad?
Alien Terrorist Removal Court Activated After 30 Years: DOJ’s Landmark Case and the Future of National Security Deportations
Overview
In a historic move, the U.S. Department of Justice made its first-ever application to the Alien Terrorist Removal Court (ATRC) on July 15, 2026, marking the court’s first use since its creation nearly three decades ago. This activation signals a new phase in how the government addresses alien terrorist threats. The court responded with immediate and critical judicial scrutiny: Chief Judge Joan N. Ericksen issued an order requiring the government to strengthen its submission by providing more factual and legal analysis, emphasizing the need to fully satisfy statutory obligations. This rigorous review highlights the ATRC’s commitment to a thorough and legally sound process from the outset.