DOJ Files First Case in Alien Terrorist Removal Court Since 1996
On July 15, 2026, the DOJ filed its first petition in the dormant Alien Terrorist Removal Court.
Why it matters: This rare DOJ action revives a specialized court to handle deportations based on suspected terrorism, potentially changing procedural norms in immigration and national security law. Legal professionals should watch how classified evidence and due process are balanced in this novel setting.
- The Alien Terrorist Removal Court was created in 1996 but has never before heard a case.
- The DOJ's July 15 petition targets an unnamed noncitizen suspected of terrorism-related activities.
- Chief Judge Joan Ericksen held an initial hearing on July 16, requesting more details by July 22.
- The court allows classified evidence during a closed phase, then public proceedings, offering a unique process under US law.
The U.S. Department of Justice (DOJ) invoked the Alien Terrorist Removal Court for the first time on July 15, 2026, filing a petition to deport a noncitizen alleged to have engaged in terrorism-related conduct. This court was established by the Antiterrorism and Effective Death Penalty Act of 1996 to handle national security-related removals.
Until now, the court had remained dormant. Its five judges, appointed by the Chief Justice of the United States, can review classified evidence in secret to protect sensitive intelligence before any public hearings. This two-stage process aims to balance government secrecy with the noncitizen's right to contest removal in a public forum.
Chief Judge Joan Ericksen presided over the initial July 16 hearing, noting the government's case warranted “more thoughtful consideration,” and asked the DOJ to provide additional information by July 22, 2026. Details about the individual and the evidence remain confidential for security reasons.
This procedural revival follows prior efforts during the Trump administration to expedite immigration removals on national security grounds. Those efforts included using the Alien Enemies Act, but the Supreme Court held in Ka Pou (2025) that affected individuals must receive notice and a meaningful chance to respond before deportation.
The Alien Terrorist Removal Court offers a distinct legal mechanism that permits classified evidence to be considered without full public disclosure, potentially shifting how immigration enforcement and national security cases involving noncitizens proceed.
Legal professionals in immigration, national security, and corporate compliance should closely follow forthcoming DOJ filings and court proceedings. This first-ever activation may set important procedural precedents for how classified material and immigrant rights intersect in removal cases.
Further coverage and analysis are available from the U.S. Department of Justice and reports from Law360.
By the numbers:
- 1996 — Year the Alien Terrorist Removal Court was created
- July 15, 2026 — Date DOJ filed first petition to this court
- July 22, 2026 — Deadline for DOJ to submit supplemental information requested by the court
Yes, but: Although the court allows secret handling of classified evidence, critics caution that the process raises concerns over transparency and rights protections for noncitizens.
What's next: The DOJ must submit additional information by July 22, 2026, as ordered by Chief Judge Ericksen, with further hearings expected thereafter.