For the first time in its three-decade existence, the Alien Terrorist Removal Court has received an actual case — a milestone that arrived quietly this week when the Justice Department submitted a sealed petition seeking to expel someone the government characterizes as an "alien terrorist," according to documents posted online Wednesday.
The ATRC, a five-judge panel established under the Antiterrorism and Effective Death Penalty Act of 1996, had sat entirely idle since its creation — no petitions filed, no hearings convened — until the Trump administration broke that streak, the Federal Judicial Center's records confirm. The identity of the individual named in the single-page court document has been withheld.
A hearing was held Thursday, after which Chief Judge Joan Ericksen — a Minnesota-based federal judge who hEADs the tribunal — issued a written response raising concerns about the government's legal reasoning. Ericksen indicated the court had "questions about the nexus that the government alleges between the actions of the respondent and the specific sections and subsections it invokes with respect to those actions." While she acknowledged that "the answers persuaded the court that the government could benefit from the opportunity for more thoughtful consideration," she stopped short of ruling, instead ordering the Justice Department to submit supplemental information by Wednesday.
Under the court's governing statute, the attorney general may file sealed removal applications targeting individuals deemed "alien terrorists" — a designation that applies, under federal law, to anyone who has "engaged in a terrorist activity," promotes or endorses such activity, or is affiliated with a political or social organization that encourages it. Should the court approve an application, a public hearing must follow, at which the burden of proof falls on the government. Either the attorney general or the deputy attorney general must personally sign off before any application can proceed. Chief Justice John Roberts is responsible for selecting the court's five members.
The filing comes amid a broader deportation push by President Donald Trump since returning to the White House in early 2025. His administration has pursued aggressive removal strategies, including invoking the 1798 Alien Enemies Act to target Venezuelan migrants alleged to be members of a terrorist gang. During a 2025 court proceeding related to that effort, Washington, D.C., federal Judge James Boasberg pointed to the dormant ATRC as the appropriate venue for deportation matters tied to national security. "In fact, Congress has an answer for us, doesn't it? Because they created the Alien Terrorist Removal Court," Boasberg said. "So if there's a national security concern with having these hearings … you can always go to the ATRC, which would be a first, but that's what it's there for, right?"
The existence of the petition was first brought to public attention by Seamus Hughes of Court Watch, an independent news site.
This story is based solely on the information contained in the source material; no additional facts have been introduced.