Trump Administration Moves to Deport Illegal Immigrants on Terrorism Charges

The Trump administration has recently taken steps to deport anonymous illegal immigrants on terrorism grounds by reinvoking the seldom-used Alien Terrorist Removal Court (ATRC), which, until now, had never conducted a single case.

On July 15, the Justice Department submitted its first application for deportation to this court. This marks the first attempt in nearly three decades to utilize a little-known law allowing for the deportation of noncitizens suspected of terrorism, relying on sealed and confidential evidence. If successful, this could revive what some have labeled a “zombie” court as a significant mechanism for addressing terrorism.

A spokesperson from the Justice Department stated, “The Department of Justice will use all available tools to bring foreign terrorists to justice and remove them from the United States, including through this court established by Congress in 1996.”

This initiative follows comments from Chief Judge James Boasberg of the U.S. District Court in Washington, D.C. He had previously suggested using the ATRC as an alternative to the Alien Enemy Act for processing terrorism-related deportations.

Boasberg remarked during a March hearing, “Actually, Congress has an answer for us, because they created the Foreign Terrorist Elimination Court.” He emphasized that this court could be pivotal when national security concerns arise.

In overseeing a case involving deportations under the Alien Enemies Act, Boasberg had temporarily halted these efforts, questioning the legality of using such laws against alleged members of a Venezuelan gang. He also ordered the resumption of deportation flights already en route, igniting a legal conflict between the Trump administration and the judiciary.

Hans von Spakovsky, a senior legal fellow at Advancing American Freedom, asserted that it was about time the Justice Department utilized this specialized court. He mentioned that past presidents were negligent for not making use of this procedure to swiftly remove foreign nationals involved in terrorism.

The initial sealed application, however, contained minimal details—offering no information about the individual’s identity or the specific alleged acts purportedly connected to the anti-terrorism law.

After hearing from Justice Department representatives, Chief Judge Joan N. Erickson requested additional information as the court prepared to move forward. She noted some ambiguity between the government’s claims regarding the defendants and the respective legal provisions cited.

Erickson stated, “This response persuaded the court that the government had an opportunity for more thoughtful consideration.” She tasked the Justice Department with submitting further documentation by Wednesday.

The ATRC was created through the Anti-Terrorism and Virtual Death Penalty Act signed into law by President Bill Clinton in 1996. Clinton remarked at the time, “Now we can quickly expel foreign nationals who come to the United States and try to support terrorist activities.”

This court consists of five judges serving five-year terms, responsible for immigration cases related to terrorism where public safety concerns require classified evidence to remain sealed. Rather than access the full evidence, defendants receive an unclassified summary.

Interestingly, during the introduction of the law, then-Senator Joe Biden criticized it, expressing concern over secret hearings and evidence lacking transparency.

While there have been past attempts to handle terrorism-related cases, many were resolved through standard immigration courts instead.

The Justice Department’s ongoing legal action concerning the ATRC coincides with the Trump administration’s struggles against judicial pushback, having faced significant obstacles from federal judges in implementing various immigration policies.

Von Spakovsky mentioned that using the ATRC could streamline cases and address potential hindrances from what he described as “rogue” judges.

He stated, “This court is a more powerful tool available to the Department of Justice and will make it more difficult for what I consider to be corrupt judges to obstruct and hopefully prevent the deportation of immigrants.”