DOJ Moves to Deport Foreign Nationals Designated as Terrorists

The Department of Justice (DOJ) has taken a significant step by filing an application with the Alien Terrorist Removal Court (ATRC) to begin the unprecedented process of deporting foreign nationals labeled as terrorists.

This application was submitted on Thursday, July 16th, and details remain under wraps, with the document classified. The identity of the individual involved hasn’t been disclosed publicly.

Interestingly, the ATRC was created back in 1996, allowing the Chief Justice of the United States to appoint five district court judges to review cases concerning the expedited removal of illegal immigrant terrorists. However, it’s noteworthy that this week marked the first time in 30 years that the court has received such an application from the Attorney General.

The legal framework for this move stems from the Antiterrorism and Effective Death Penalty Act (AEDPA), enacted by former President Bill Clinton in response to the 1995 Oklahoma City Bombing, which was carried out by American extremist Timothy McVeigh and Terry Nichols.

If the ATRC approves the application, a public hearing must take place where the government is responsible for proving the individual’s status as an “alien terrorist.”

According to 8 U.S. Code, an alien terrorist is defined as any non-citizen involved in—or likely to engage in—terrorist activities.

The Immigration and Nationality Act (INA) further outlines what constitutes terrorist actions, including:

• Hijacking or sabotaging transportation vehicles;
• Threatening to harm or kill individuals to influence another party;
• Assassination;
• Violence against internationally protected persons;
• Using weapons of mass destruction;
• Providing support to designated Foreign Terrorist Organizations (FTOs) or individuals planning to commit terrorist acts.

This filing from the DOJ could signal a more aggressive approach by President Donald Trump’s administration regarding illegal immigration issues.