DOJ Files First Application to Alien Terrorist Removal Court

The U.S. Department of Justice (DOJ) has submitted its first application seeking to initiate proceedings in the Alien Terrorist Removal Court (ATRC), marking the inaugural operational test of the specialized judicial body since Congress created it nearly three decades ago.  

Legal Authority and Statutory Framework

The court’s authority stems from Title V of the Immigration and Nationality Act (INA), codified at 8 U.S.C. §§ 1531–1537. These provisions were enacted as part of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) to establish a specialized process for removing noncitizens identified as alien terrorists when ordinary immigration procedures would pose a risk to national security because of the need to protect classified information.  

To initiate proceedings, the Attorney General or Deputy Attorney General must certify that an application satisfies statutory criteria. The application must include a statement of facts establishing probable cause that:  

• The individual is an alien terrorist.  

• The individual is physically present in the United States.  

• Removal under ordinary administrative procedures would pose a risk to the national security of the United States.  

  
  

Procedural Mechanics and Safeguards

ATRC proceedings allow the government to submit classified evidence for ex parte and in camera judicial evaluation. Congress included several statutory mechanisms intended to balance national security needs with Fifth Amendment due process protections:  

• Article III Judicial Oversight: Cases are heard by federal district judges designated to the ATRC by the Chief Justice of the United States, rather than by executive-branch immigration judges.  

• Evidentiary Standard: For the initial application, the government must establish probable cause that the respondent is an alien terrorist present in the United States and that ordinary removal procedures would pose a national security risk.  

• Unclassified Summaries: When the government relies on classified evidence, it generally submits an unclassified summary. The presiding judge must determine whether the summary is sufficient to enable the respondent to prepare a defense. Statutory procedures address situations in which providing even a summary would itself create serious risk to national security.  

• Special Attorney Provision: For lawful permanent residents, 8 U.S.C. § 1534(e)(3)(F) requires the designation of a security-cleared special attorney in applicable cases. That attorney may review the classified materials in camera and challenge their veracity on the respondent’s behalf without disclosing the content to the respondent.

• Public Hearing Requirement: If the court grants the initial application, it must hold a public removal hearing at which the government bears the burden of proving by a preponderance of the evidence that the respondent is an alien terrorist.  

• Appellate Avenues: Decisions may be appealed to the U.S. Court of Appeals for the D.C. Circuit, with the possibility of further review by the Supreme Court.  

  
  

Case Status

The Department of Justice filed its initial sealed application on July 15, 2026. Chief Judge Joan N. Ericksen of the ATRC held a sealed preliminary hearing on July 16 and directed the government to submit supplemental materials addressing the connection between the respondent’s alleged actions and the specific statutory provisions invoked. The Justice Department filed that supplemental response on July 22, 2026.  

Details of the underlying evidence remain sealed. If the court grants the preliminary application, the case will proceed to a public removal hearing.  

Key Takeaway: Created in 1996, the Alien Terrorist Removal Court remained unused for nearly thirty years. Its activation provides the first real-w

orld test of how Article III judges evaluate classified national security filings under this statutory framework.  

Sources

• 8 U.S.C. §§ 1531–1537 (Legal Information Institute)  

• Federal Judicial Center, “Alien Terrorist Removal Court, 1996-present”  

• CBS News reporting on the July 2026 filing and subsequent proceedings

• Contemporaneous coverage from POLITICO, National Review, and The Hill documenting the July 15 application, July 16 hearing, and July 22 supplemental filing