US Activates 30-Year-Old Secret Deportation Court
A court created in 1996 sat completely empty for 30 years — no petitions, no hearings, nothing. That changed this week. The Trump administration just filed the first-ever case in the Alien Terrorist Removal Court, and the judge already has questions about whether the government's case holds up.
What if the government tries to deport someone using a court that has never heard a single case before? That is exactly what is happening right now. The US Justice Department filed a petition in the Alien Terrorist Removal Court (ATRC) — a secretive five-judge panel that has existed since 1996 but had never received a case until this week. The name of the person targeted is sealed and not public.
What is the ATRC and how does it work?
Congress created the ATRC through the Antiterrorism and Effective Death Penalty Act of 1996. The law allows the attorney general to file a sealed application to deport someone the government labels an "alien terrorist." Under the law, a person can qualify for that label by engaging in terrorist activity, endorsing it, or belonging to a group that encourages it. If the court approves the application, a public hearing must follow — and the government carries the burden of proof. Applications must be personally approved by the attorney general or the deputy attorney general. The five judges are selected by Chief Justice John Roberts.
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The court's chief judge, Joan Ericksen — a federal judge based in Minnesota — held a hearing the day after the petition was filed. She wrote that the court had "questions about the nexus that the government alleges between the actions of the respondent" and the specific legal sections the Justice Department cited. Her written response said the government's answers showed it "could benefit from the opportunity for more thoughtful consideration." She ordered the Justice Department to provide more information by the following Wednesday. The petition was first reported by Seamus Hughes of Court Watch, an independent news site.
This move fits a broader pattern. Since returning to office in early 2025, the Trump administration has pushed aggressive deportation strategies, including using the 1798 Alien Enemies Act to remove Venezuelan migrants accused of gang ties. During a 2025 hearing in that case, Washington DC federal judge James Boasberg pointed directly to the ATRC as the proper venue for national security deportation cases. "Congress has an answer for us, doesn't it?" Boasberg said. "Because they created the Alien Terrorist Removal Court." Now, for the first time, the administration has taken that path.
What to do
- If you or someone you know is in removal proceedings and the government is citing national security grounds, contact an immigration lawyer immediately — this court operates under rules that are different from standard immigration court.
- Know your rights: even in sealed proceedings, the law requires a public hearing if the ATRC approves the initial application, and the government must prove its case.
- Do not ignore any notice from the Justice Department or immigration authorities. Missing a deadline in removal proceedings can result in an order of removal issued without you present.
- Follow updates from reliable immigration news sources — this is the first case of its kind, and legal precedents are still being set in real time.
A full breakdown of this topic — in our guide “Appealing to the BIA”.
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The ATRC operates under a sealed process that strips away many of the procedural protections available in regular immigration court — the respondent's identity is hidden from the public, and the evidentiary rules differ significantly. Anyone targeted under this statute should immediately invoke their right to counsel and challenge the government's factual basis for the "alien terrorist" designation, since the burden of proof at the public hearing stage falls on the government. Given how untested this court is, an experienced national security immigration attorney is not optional — consult one before any response is filed.
Frequently Asked Questions
Can the government deport someone using the ATRC without a public hearing?
No. Federal law requires a public hearing if the court approves the initial sealed application. At that hearing, the government must prove the person meets the legal definition of an "alien terrorist."
Who decides whether a case goes to the ATRC?
The attorney general or deputy attorney general must personally approve any application before it is filed. The five ATRC judges are selected by Chief Justice John Roberts.
Does this affect regular immigration court or removal proceedings?
Not directly. The ATRC is a separate, specialized court used only for national security deportation cases. Standard removal proceedings continue in regular immigration courts.
What counts as "terrorist activity" under this law?
Federal law defines it broadly. It includes engaging in terrorist activity, endorsing or espousing it, and belonging to a political or social group that encourages such activity. The exact boundaries are untested because this is the first case the court has ever received.