WASHINGTON (AP) 鈥� The Trump administration has filed a first-ever petition to a secretive and dormant court created 30 years ago to consider government requests to deport so-called 鈥渁lien terrorists鈥� from the United States.
The Alien Terrorist Removal Court was established in 1996 but had never received a petition until this past Wednesday, when the Justice Department filed an application seeking the removal of an individual whose name is withheld from the single-page document posted on the court鈥檚 website.
The chief judge of the five-member court, Joan Ericksen, said in a written response to the petition that a hearing was held on Thursday during which the court had 鈥渜uestions 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.
鈥淭he answers persuaded the Court that the Government could benefit from the opportunity for more thoughtful consideration,鈥� wrote Ericksen, a federal judge in Minnesota.
She directed the Justice Department to provide more information by Wednesday.
The court’s authorities emerged from the Antiterrorism and Effective Death Penalty Act of 1996, which permits the attorney general to file under seal applications for the deportation of a suspected 鈥渁lien terrorist.鈥� If an application is granted, the court must hold a public hearing at which the government has the burden to prove that the individual satisfies that definition. Applications must be approved by the attorney general or deputy attorney general.
Federal law says that an individual could quality as an 鈥渁lien terrorist鈥� by, among other factors, having 鈥渆ngaged in a terrorist activity,鈥� endorsing or espousing terrorist activities and by belonging to a political or social group that encourages terrorist activity.
The court has been dormant since its creation, having received 鈥� until last week 鈥� no applications and conducting no hearings, according to a summary posted on the Federal Judicial Center website. It is comprised of five judges selected by Chief Justice John Roberts.
The Trump administration has moved aggressively over the last year to carry out deportations, including invoking a 1798 wartime law, the Alien Enemies Act, to who officials accuse of being part of a terrorist gang. , the Washington judge presiding over it, James Boasberg, indicated that the Alien Terrorist Removal Court would be the natural forum to consider a request for deportation on national security grounds.
鈥淚n fact, Congress has an answer for us, doesn鈥檛 it? Because they created the Alien Terrorist Removal Court,鈥� he said. 鈥淪o 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鈥檚 what it鈥檚 there for, right?鈥�
The petition was first reported by Court Watch, an independent news site.
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