The Trump administration has activated a never-before-used legal process to quickly deport foreign nationals designated as alien terrorists or their immediate family members.
The Justice Department filed the first-ever application with the Alien Terrorist Removal Court, a five-judge panel created by Congress in 1996 but never previously used. The July 15 filing is sealed, and its cover sheet indicates the contents are classified.
Under the 1996 law that established the court, the secretary of State can bar members of designated terrorist organizations, people who endorse or espouse terrorist activity and, in some cases, their spouses or children. The law also allows the secretary of State to designate individuals who intend to engage in activities that could endanger the welfare, safety or security of the United States.
The court has five judges selected nationwide by Chief Justice John Roberts, with a structure similar to the Foreign Intelligence Surveillance Court, which handles surveillance applications involving suspected foreign agents.
Chief Judge Joan Ericksen held a sealed hearing Thursday but ordered the government to submit a more carefully considered application after raising questions about the DOJ’s target and how the alleged conduct connects to the laws authorizing removal. An updated response is due Wednesday.
