The Justice Department filed the first publicly documented application to the Alien Terrorist Removal Court on July 15, 2026, activating a tribunal created by Congress in 1996 that had not previously received a petition.
The U.S. Justice Department has asked the Alien Terrorist Removal Court (ATRC)—a little-used federal tribunal created in 1996—to authorize removal proceedings against an unnamed noncitizen, according to a one-page application posted on the court’s website.
Chief Judge Joan N. Ericksen said the court held a hearing on July 16, 2026, and concluded the government should provide additional factual and legal analysis linking the respondent’s alleged conduct to the statutory provisions cited in the filing. In a written order, the court directed the government to supplement its application by July 22, 2026.
Under federal law, the attorney general may file an ATRC application under seal when the government has classified information and contends that using ordinary immigration removal procedures could pose a risk to U.S. national security. The statute requires a certification by the attorney general or deputy attorney general and a statement of facts supporting probable cause that the person is an “alien terrorist,” is physically present in the United States, and that proceeding through ordinary immigration channels would endanger national security.
If the court approves the application, the law requires a public removal hearing in which the government must prove by a preponderance of the evidence that the person meets the definition of an “alien terrorist.” The statute also provides for handling classified evidence through an unclassified summary intended to enable the individual to prepare a defense, while barring the respondent and the public from seeing classified material beyond that summary.
If an ATRC judge denies an application, the attorney general may seek review in the U.S. Court of Appeals for the District of Columbia Circuit.
Legal analysts and immigration advocates have long questioned whether the court’s framework—built to accommodate classified evidence—can be squared with constitutional due process guarantees, though the Justice Department’s filing does not identify the respondent or the allegations in the publicly posted document.
