US activates Alien Terrorist Removal Court for first time

The Trump administration has activated a never-before-used legal process to seek the removal of foreign nationals deemed "alien terrorists" or their immediate family members, Report informs, citing POLITICO.

The Justice Department submitted the first application to the Alien Terrorist Removal Court, which was established by law in 1996 but had not previously been used. Details of the July 15 application are sealed, and an accompanying cover sheet indicates that the substance of the filing is classified.

The court's chief judge, US District Judge Joan Ericksen, held a sealed hearing on the matter Thursday and later issued an order asking the government to submit a revised application.

"The government could benefit from the opportunity for more thoughtful consideration," Ericksen wrote in a one-page order. She said she still had questions about the actions attributed to the person targeted by the Justice Department and how they relate to the laws governing the removal of "alien terrorists." An updated response is due Wednesday.

Under the law establishing the court, applications to remove an "alien terrorist" must be approved by the attorney general or deputy attorney general and supported by a statement of facts explaining the designation and certifying that the person's presence is a threat to national security.

The law defines qualifying terrorist activity broadly, including membership in a designated terrorist organization or support for terrorist activity. It also covers the spouse or child of a person deemed an "alien terrorist."

If a judge approves the Justice Department's application, the person targeted is entitled to a public hearing to challenge the determination. Any appeal would go to the DC Circuit Court of Appeals.

The Alien Terrorist Removal Court currently has five judges selected from across the country by the chief justice of the US Supreme Court.