The Trump administration has taken a step never seen before by asking a special federal court to deport a person accused of being an “alien terrorist,” Axios reported.
The court, known as the Alien Terrorist Removal Court (ATRC), was created in 1996 but had remained unused for nearly 30 years. This is the first time the US Justice Department has filed a petition before it.
The move could give President Donald Trump another legal option to speed up deportations, especially in cases involving suspected terrorism. At the same time, it has raised questions about how much evidence the government will have to reveal and whether the court will agree with its arguments.
DOJ uses terrorism court for first time
The Justice Department filed its first-ever application with the Alien Terrorist Removal Court last Wednesday.
The filing is only one page long and does not reveal the identity of the person involved. It also does not explain what the person is accused of doing or which part of the anti-terrorism law the government is relying on. The filing was first reported by news website Court Watch.
Chief Judge Joan N. Ericksen heard arguments in the case on Thursday. During the hearing, she questioned whether the government’s claims were closely linked to the law it was using.
She wrote, “The answers persuaded the court that the government could benefit from the opportunity for more thoughtful consideration.”
The judge directed the Justice Department to submit more facts and a stronger legal explanation by Wednesday before the case moves forward. The White House referred questions about the case to the Justice Department, which has not publicly commented.
How the court works
The Alien Terrorist Removal Court follows a two-step process.
The first stage happens in private. A judge reviews the government’s evidence and decides whether there is enough reason to move ahead with the case.
If the judge agrees, the case moves to a public hearing. At that hearing, the Justice Department must prove that it is “more likely than not” that the individual fits the legal definition of an “alien terrorist.”
Even during the public hearing, the person facing deportation and the public are not allowed to see classified evidence. However, the government must provide an unclassified summary of that evidence.
Why was the court created?
Congress created the five-judge Alien Terrorist Removal Court in 1996.
The idea was to handle cases where using normal immigration courts could expose classified information and threaten US national security.
Under the law, the definition of a terrorist is broad. It includes non-US citizens who have carried out terrorist acts or are believed likely to do so. It also covers people who encourage or support terrorism, belong to or represent certain terrorist groups, or receive military-style training from such organisations.
Unlike ordinary federal courts, the usual rules of evidence do not apply. The law even allows the US government to use evidence that may have been obtained illegally.
Why has the court never been used?
Although the court has existed for nearly three decades, it has remained inactive.
According to a staff report by the 9/11 Commission, the Justice Department reviewed around 100 possible cases by the year 2000 but decided not to use the court in any of them.
Officials concluded that standard immigration laws were enough to remove the individuals involved, making the special court unnecessary.
Trump’s immigration policy
The case also comes after Trump’s efforts to increase deportations. In 2025, Trump used the Alien Enemies Act to deport Venezuelan migrants whom his administration accused of being members of the criminal gang Tren de Aragua.
That move was challenged in court, and the US Supreme Court ruled that people targeted under the law must receive advance notice and have an opportunity to challenge their deportation.
Even if the Justice Department succeeds, legal experts say the court is unlikely to become a tool for mass deportations.
Every case requires approval from senior Justice Department officials, review by a judge and a full hearing before a removal order can be issued. That process could make it difficult to use the court on a large scale.
For now, the Justice Department must respond to the judge’s request and provide more detailed information by Wednesday.
Only after reviewing the additional material will the court decide whether the government’s historic first petition under the Alien Terrorist Removal Court can move ahead.