About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


1 [1] (August 11, 2026)

handle is hein.crs/govevae0001 and id is 1 raw text is: Th lien Terrorist Removal Court: A ref Overview August 11, 2026 On July 16, 2026, the AlIn Teirorist Removal Court ofthe United States (ATRC) issued its first order since it was established by Congress in 1996. The court's order indicated that the government had, the previous day, filed an application to remove an alien terrorist, the first application ever received by the ATRC. Since that order issued, other documents have been placed on the ATRC's public docket reflecting the government's use of the unique procedures of the ATRC to remove an alien. Because the ATRC has not previously been used for the removal of an alien terrorist, these developments afford Congress an opportunity to consider the degree to which the jurisdiction, composition, and procedures of the ATRC achieve the purpose for which Congress originally created it. Origin of the ATRC The ATRC is a specialized court established by Title IV of the Antiterrorism and Effective Death Penalty Act, a comprehensive law passed by Congress in 1996 to address a wide range of terrorism, law enforcement, and criminal law matters. In an accompan ing conference report, lawmakers provided several rationales for the establishment of the ATRC. In particular, they noted the compelling need to protect U.S. residents and preserve national security, which they believed was being compromised by the ability of alien terrorists to exploit many of the substantive and procedural provisions available to all deportable aliens in order to delay their removal from the U.S. They also explained that, especially because of the need to protect cooperative intelligence-sharing relationships with other nations, it was essential ... that procedures be established to permit the use of classified information in appropriate cases to establish the deportability of an alien terrorist. At the same time, lawmakers acno ledged the necessity that ATRC procedures meet constitutional requirements and that the interests of the government reflected in those procedures be appropriately balanced against the legitimate rights of those privileged to be present within the United States. Operation of the ATRC The provisions establishing the ATRC and its operations are codified in 8 U.S.C. §§ 1531-37. In addition to defining the jurisdiction of the ATRC and its composition, these provisions set forth the procedures to be used in removal of an alien, including what portions of the ATRC's proceedings are public and how classified information may be presented and used by the government to pursue removal of an alien. Jurisdiction of the ATRC The ATRC is designed to address removal of alien terrorists, a term defined in 8 U.S.C. § 1531(1) by cross-reference to existing provisions in the Immigration and Nationality Act (INA) governing removal of aliens on lerrorisni grounds. Accordingly, as lawmakers contemplated, the ATRC serves as a means of removal for certain aliens outside of the procedures otherwise already provided for in the INA. Composition of the ATRC Under 8 U.S.C. § 1532, the Chief Justice of the United States is required to designate five district court judges to constitute the ATRC. These judges may be the samejudges that are designated to conduct proceedings under the Foreign Intelligence Suncillance Act (FISA). The Chief Justice is responsible for designating a Chief Judge of the ATRC, who is charged with promulgating rules for its operation and assigning cases among the appointed judges. Eachjudge sencs a staggered five-year term that may be renewed. Initial Applications and Orders The first step in removal through the ATRC is, under 8 U.S.C § 1533, the Attorney General's submission of an application to the ATRC seeking removal of an alien as an alien terrorist. The Attorney General may seek such removal when the Attorney General has classified information that an alien is an alien terrorist, and the application must containvarious elements, including a statement of the facts and circumstances relied on by the Department of Justice to establish probable cause that . .. the alien is an alien terrorist and that removal under other provisions of the INA would pose a risk to the national security of the United States. The application must be filed under seal and ex parte and in camera, that is, only to the ATRC and only reviewable by the ATRC, not the subject alien or any other party. In addition to the application, the reviewing ATRC judge may consider, ex parte and in camera, other infomaton, including classified information, and testimony. That judge m,iust then issue an order granting the application if the judge finds there is probable cause to believe that the alien in question is an alien terrorist and that removal under other provisions of the INA would pose a national security risk. The issuance of the order granting an application triggers the exclusit of the ATRC and its procedures as to the rights of the alien regarding removal and expulsion. The Public Removal Hearing The issuance of an order under § 1533 requires the ATRC to then hold a public removal hearing . .. as expeditiously as practicable to determine whether the alien should be removed as an alien terrorist. The statutory provision governing this hearing, 8 U.S.C. § 1534, requires reasonable notice be given to the alien of the charges, and it also sets forth specific rights of the alien. The alien has a right to attend the hearing, and, unlike in proceedings under the INA, the statute provides that the alien has a right to appointed counsel if they are financially unable to otherwise secure counsel. The alien is also entitled to reasonable opportunities to introduce evidence, examine evidence, and cross-exarnine witnesses. The alien can be ordered removed based only on that evidence introduced at the removal hearing.