The “Alien Terrorist” deportation court was established in 1996, but until this week it had not received a single petition.
The Department of Justice on Wednesday filed a request for the deportation of a person whose surname is not indicated in the one-page document published on this court’s website.
The five-member court chairwoman Joan Ericksen wrote in a written response to the petition that a hearing took place on Thursday, during which the court had “questions about the connection the government cites between the respondent’s actions and the specific sections and subsections relied upon for these actions.”
“The answers convinced the Court that it would be beneficial for the Government to have the opportunity to consider everything more thoroughly,” wrote Minnesota federal judge J. Ericksen.
She instructed the Department of Justice to provide more information by Wednesday.
The court’s authority arises from the 1996 Anti-Terrorism and Effective Death Penalty Act, which allows the Attorney General to submit confidential requests for the deportation of a suspected “alien terrorist.”
If the request is granted, the court must hold a public hearing where the government has the burden of proving that the person meets this definition. Requests must be approved by the Attorney General or their deputy.
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The federal law states that a person can be recognized as an “alien terrorist” if, among other factors, they “engaged in terrorist activity,” supported terrorist activity, or belonged to a political or social group promoting terrorist activity.
Since its establishment, the court has not been active – no requests have been received and no hearings have taken place, according to a summary published on the Federal Courts Center website.
The court consists of five judges selected by Supreme Court Chief Justice John Roberts.
The Trump administration in recent years took active steps to carry out deportations, including relying on the 1798 wartime law – the Alien Enemies Act – to deport Venezuelan migrants accused by officials of belonging to a terrorist gang.
In last year’s hearing of this case, presiding Washington judge James Boasberg hinted that the “Alien Terrorist” deportation court would be a natural place to consider a deportation request on national security grounds.
“Congress actually gave us the answer, didn’t they? Because they established the ‘Alien Terrorist’ deportation court,” he said. “So if there are national security issues about holding these hearings (…), you can always turn to the ATDC, which would be a first, but that’s what it’s for, right?”
The independent news portal “Court Watch” was the first to report on the petition.
