Trump Administration Files First Alien Terrorist Removal Application in Court’s 30-Year History

On July 15, 2026 the United States government submitted, under seal, the first ever application to the Alien Terrorist Removal Court seeking the removal of an unnamed individual from the United States. The filing, posted on the court’s website, marks the inaugural use of a statutory mechanism created by the Antiterrorism and Effective Death Penalty Act of 1996. The court held a hearing on July 16, during which attorneys presented arguments but no sworn testimony was taken. The government was ordered to provide supplemental factual and legal analysis by July 22, 2026.

Newsweek

The Alien Terrorist Removal Court was established by Congress to allow removal of non-citizens accused of terrorism while protecting classified intelligence. The law authorizes the Attorney General to submit sealed applications; a single district judge reviews the request and may grant removal if the government proves the person is an “alien terrorist” and that removal by other means would threaten national security. Upon approval, a public hearing must be held, the accused is entitled to counsel, and the government must supply an unclassified summary of classified evidence.

Newsweek

Chief Judge Joan N. Ericksen noted that the government’s supplemental answers “persuaded the Court that the Government could benefit from the opportunity for more thoughtful consideration.” She subsequently ordered the government to submit additional analysis to “satisfy its statutory obligations.” The White House has not responded to requests for comment.

Newsweek

The filing arrives amid heightened scrutiny of U.S. Immigration and Customs Enforcement (ICE) tactics, following three deaths during ICE encounters within a single week. Critics argue that the administration’s intensified immigration enforcement raises legal and humanitarian concerns, while officials maintain the action targets national-security threats.

Newsweek

• “remove the respondent in the above-captioned matter from the United States.” — court order

Newsweek

• “The answers persuaded the Court that the Government could benefit from the opportunity for more thoughtful consideration,” — Joan N. Ericksen, Chief Judge, Alien Terrorist Removal Court

Newsweek

• “If an application is approved, the court must hold a public removal hearing where the accused has the right to legal representation, while the government bears the burden of proving that the person is an "alien terrorist" under the statute.” — Federal Judiciary Center (FJC)

Newsweek

• “The law allows the attorney general to submit an application under seal seeking the removal of a suspected alien terrorist.” — Federal Judiciary Center (FJC)

Newsweek