Justice Department activates untested court for 'alien terrorist' deportations

The Trump administration has initiated a rarely used legal process by filing the first-ever petition with the Alien Terrorist Removal Court. This secretive court, established three decades ago, has remained dormant until now. The Justice Department submitted an application to deport an individual, whose name is withheld, seeking to utilize the court's authority under the Antiterrorism and Effective Death Penalty Act of 1996.

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questions about the nexus that the government alleges between the actions of the respondent and the specific sections and subsections it invokes with respect to those actions.

Chief Judge Joan Ericksen of the five-member court raised questions about the government's alleged connection between the individual's actions and the specific legal grounds cited. In a written response, Ericksen stated that the court required more information and directed the Justice Department to provide it by Wednesday. The court's powers allow the attorney general to file sealed applications for the deportation of suspected "alien terrorists."

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The answers persuaded the Court that the Government could benefit from the opportunity for more thoughtful consideration

Federal law defines an "alien terrorist" based on factors including engaging in or endorsing terrorist activities, or belonging to a group that encourages such actions. The court, comprised of five judges appointed by Chief Justice John Roberts, had received no applications and conducted no hearings since its inception until last week. The administration has previously pursued aggressive deportation measures, including invoking a 1798 wartime law against Venezuelan migrants accused of belonging to a terrorist gang.

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In fact, Congress has an answer for us, doesn't it? Because they created the Alien Terrorist Removal Court