U.S. revives secret judicial mechanism for deporting 'foreign terrorists'

The U.S. government under President Donald Trump is reactivating a little-known, secret judicial procedure to swiftly deport immigrants classified as "foreign terrorists." This marks the first time in three decades that such a legal avenue is being pursued. The Department of Justice (DOJ) formally requested the use of the Foreign Terrorist Removal Court (ATRC) on July 15, a specialized tribunal that has remained dormant since its congressional approval in 1996.

The initial request was made without disclosing the identity of the individual targeted for deportation. A hearing was held the following day, where the government presented its case and justification for utilizing the ATRC. The court's president, Judge Joan N. Ericksen, indicated that the DOJ's arguments were convincing enough to warrant further detailed consideration, granting the department until Wednesday to elaborate on its case, unless an extension is sought.

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The responses (from the DOJ) convinced the Court that the Government might benefit from further consideration (of the deportation request).

This move has drawn attention from legal experts, primarily because it's the first invocation of the ATRC since its inception. The process, which will be kept confidential and without notification to the individual concerned, raises significant constitutional concerns. A 1998 Senate report, led by then-Republican legislator Jon Kyl, had previously warned that an "inadequate case" presented before the ATRC could lead to its constitutional invalidation. The DOJ must now demonstrate probable cause that the foreign national is a terrorist posing a risk to U.S. national security, among other requirements.

The Trump administration's reliance on this expedited deportation process comes after the government has faced several defeats in U.S. courts regarding deportations, often due to alleged due process violations. The revival of the ATRC could potentially ignite a legal battle over constitutional rights and the fairness of secret deportation proceedings.

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a case inadecuado could lead to the constitutional annulment of the ATRC