Court Questions Government’s First Petition to Alien Terrorist Removal Court, Orders More Information

The Trump administration filed the first petition ever submitted to the Alien Terrorist Removal Court on July 15, 2026. The single-page document, posted under seal on the court’s website, seeks removal of one individual whose name remains withheld. The court, established in 1996 under the Antiterrorism and Effective Death Penalty Act, had received no petitions and held no hearings in its three decades of existence.

Five judges selected by Chief Justice John Roberts oversee the panel, with Joan Ericksen of Minnesota serving as chief judge. A hearing took place on July 16. ” She added that the answers persuaded the court the government could benefit from more thoughtful consideration and directed the Justice Department to supply further information by July 22.

Federal law permits the attorney general or deputy attorney general to file sealed applications for deportation of suspected alien terrorists. If granted, the court must hold a public hearing at which the government bears the burden of proving the individual meets the statutory definition, which includes engagement in terrorist activity, endorsement of such activity, or membership in a group that encourages it.

The filing follows a year of aggressive deportation efforts by the administration, including use of the 1798 Alien Enemies Act against Venezuelan migrants accused of belonging to a terrorist gang.

In a 2025 hearing on that matter, Washington federal judge James Boasberg noted the Alien Terrorist Removal Court as the appropriate venue for national-security deportation cases. The petition was first reported by Seamus Hughes of Court Watch.