Key facts
- The Trump administration has activated the Alien Terrorist Removal Court (ATRC).
- The ATRC has never been used before.
- The court's activation aims to facilitate the deportation of individuals designated as 'alien terrorists'.
- A judge raised questions about the legal basis for the administration's actions and the court's involvement.
- The law requires the attorney general's approval and a factual basis for designating someone as an 'alien terrorist'.
The Trump administration has activated the Alien Terrorist Removal Court (ATRC), a legal mechanism that has never been utilized previously. This move signifies an effort by the administration to expand its deportation powers, particularly for individuals designated as 'alien terrorists.' The activation follows a previous instance where the administration attempted to deport over 100 Venezuelan nationals by labeling their gang, Tren de Aragua, a terrorist organization, a move that was questioned by U.S. District Judge James Boasberg.
Judge Boasberg noted that the existence of the ATRC suggested that the administration could not bypass court involvement when labeling individuals as terrorists. Trump administration attorney Drew Ensign argued that the administration was not prohibited from using the Alien Enemies Act to deport individuals without court proceedings, even if the ATRC was an option. The law establishing the ATRC requires the attorney general or deputy attorney general to approve applications for removing an 'alien terrorist,' supported by facts certifying the individual's threat to national security. The criteria for designation include membership in a terrorist organization, endorsing terrorist activity, or being a spouse or child of a designated 'alien terrorist,' with a provision allowing the secretary of State to label individuals intending to engage in activities endangering U.S. security.