On Wednesday, July 15, 2026, the Trump Administration filed the first petition in history to activate the Alien Terrorist Removal Court, a secret and dormant court established to review government requests for the removal of alleged “alien terrorists” from the United States.
The Alien Terrorist Removal Court was created in 1996 under the Antiterrorism and Effective Death Penalty Act of 1996. The court is composed of five judges, appointed by Chief Justice John Roberts, with Joan Ericksen serving as Chief Judge. To initiate proceedings seeking the deportation of “alien terrorists,” noncitizens, Attorneys General must file “under seal applications,” to be authorized by an Attorney General or a Deputy Attorney General. Because these applications are filed under seal, the filings remain confidential to the court and shielded from public record.
Upon approval of the petition, the court will hold a public hearing, and the government will bear the burden to prove that the individual satisfies the legal definition of an “alien terrorist.” If the court determines that the government has met its burden of proof, the judge may issue a removal order. However, the rulings are not final and can be appealed by the Attorney General and noncitizens through the U.S. Court of Appeals for the District of Columbia Circuit.
What Does Federal Law Consider an “Alien Terrorist”?
According to federal law, an “alien terrorist” is a noncitizen who has engaged in “terrorist activity.” Terrorist activity includes supporting terrorism, planning or committing terrorist acts, engaging in a political or social group that encourages terrorist activity, or endorsing terrorism.
Trump Administration’s Invocation of Dormant Legal Mechanisms
This is not the first time the Trump Administration has invoked centuries-old wartime laws and long-dormant legal mechanisms as part of its immigration enforcement efforts.
In 2025, President Trump implemented the 1798 Alien Enemies Act to avoid traditional immigration court processes and expedite deportations of noncitizens suspected to be members of the Venezuelan gang Tren de Aragua (TdA). This act had previously only been used to carry out deportations during the War of 1812, World War I, and World War II. While the act is intended to be invoked during an intrusion, declaration of war, or threatened attack against the United States, President Trump invoked the statute by arguing that Tren de Aragua was acting on behalf of Venezuela against the United States and used that justification to deport Venezuelan migrants.
The unprecedented use of long-dormant tactics, including the recent petition to the Alien Terrorist Removal Court, has heightened uncertainty among immigrant communities.
Contact an Experienced Los Angeles Deportation Attorney Today
Reeves Immigration Law Group has served immigrants and their loved ones for over 40 years, achieving success in some of the most complex cases. We understand that the risk of facing deportation is scary, and consistently changing legislation is confusing and overwhelming.
Our deportation attorneys hold a wealth of knowledge and experience and are here to help you achieve your desired legal results. Contact us today to discuss your specific legal concerns and needs with one of our experienced deportation lawyers.
