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DOJ uses ‘alien terrorist’ deportation court for first time in history

The sealed filing marks the first use of the 30-year-old court, and Judge Joan N. Ericksen ordered more legal and factual support.

  • On Wednesday, July 15, the Justice Department filed the first application to the Alien Terrorist Removal Court since Congress created it in 1996, seeking to remove an individual from the United States through a sealed proceeding.
  • Congress established the Alien Terrorist Removal Court within the Antiterrorism and Effective Death Penalty Act to allow the government to seek removal of noncitizens accused of terrorism-related activities while protecting classified intelligence from public disclosure.
  • During a July 16 hearing, Judge Joan Ericksen wrote that "the court could benefit from the opportunity for more thoughtful consideration" regarding the application, noting no sworn testimony was taken at the proceeding.
  • The Justice Department has until July 22 to supplement the record with additional factual and legal analysis. If approved, the court must hold a public removal hearing where the accused has the right to legal representation.
  • This case represents a significant escalation in the Trump crackdown on illegal immigration. While the court has existed for 30 years, it had never received an application from the Attorney General until now.
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National Review broke the news in New York, United States on Saturday, July 18, 2026.
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