How the Alien Terrorist Removal Court Could Be Good For Our Immigration System
On July 15, 2026, the U.S. Department of Justice filed its first-ever application to activate the Alien Terrorist Removal Court (ATRC), a specialized Article III federal court created in 1996 but never used. The ATRC is designed for removal proceedings involving alleged 'alien terrorists' and national security cases. The court's inaugural order directed DOJ to file a supplement, suggesting the application needed more consideration. The article analyzes the ATRC's procedures, including secret ex parte application review, public removal hearings, and appeals to the D.C. Circuit. While acknowledging skepticism about the Trump administration's motives, the author argues the ATRC's activation could improve due process for noncitizens compared to current administrative removal proceedings. The piece also notes the broad statutory definition of 'alien terrorist,' which could encompass activities beyond obvious terrorism, raising concerns about potential overreach.
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