Justice Department Activates Never-Used Alien Terrorist Removal Court for the First Time

On July 15, 2026, the Justice Department filed the first application in the 30-year history of the Alien Terrorist Removal Court, a five-judge tribunal Congress created in 1996 for cases in which ordinary immigration proceedings could expose classified information. The one-page filing did not name the noncitizen, the alleged conduct, or the statutory provision invoked, and its contents were sealed. Chief Judge Joan N. Ericksen, a George W. Bush appointee, heard arguments and ordered the government to provide additional facts and legal analysis. The filing was first reported by Court Watch and confirmed by Axios and other outlets.

The court allows the government to seek removal while keeping much of its evidence secret. A person facing removal has no right to see classified material, and normal federal evidence rules — including the bar on illegally obtained evidence — do not apply. Its activation marks a potential expansion of the administration's deportation toolkit after the Supreme Court required notice and a hearing for people targeted under the Alien Enemies Act. Analysts note the court sat unused for three decades because officials repeatedly concluded ordinary immigration charges were sufficient.

The proceeding remains under seal, and the government's supplemental filing was due the following week. No removal has been ordered.