In recent days, news has emerged that is generating a lot of talk in the immigration world. It involves the activation of a special court called the Alien Terrorist Removal Court (ATRC). Here we explain in a simple way what this is and why it is important for our community.
What is this court and why was it “asleep”? This court is not new; it was created in 1996, 30 years ago, but it had never been used. It is a 5-judge tribunal that exists for only one purpose: to decide whether to deport foreign individuals whom the government suspects of being terrorists.
Until now, the government used other avenues to deport people, but this week they decided to “wake up” this tribunal to hear a case for the first time in history.
What happened this week? The Department of Justice filed a request to remove a person from the United States using this court. The person’s name is secret and does not appear in public records.
For the government to use this court against someone, they must accuse them of serious things, such as: Participating in acts of terrorism, supporting or speaking in favor of terrorist groups, or belonging to organizations that promote violence.
Despite the government wanting to move quickly, the chief judge of this court, Joan Ericksen, has not given the green light yet. Last Thursday there was a meeting, and the judge said that the connection between what the suspect did and the terrorism laws the government wants to apply is unclear.
In fact, Judge Ericksen wrote that the government “might benefit from better thinking through its case” and gave them a deadline until this Wednesday, July 22, to provide more information and clear evidence.
Why does this matter now? Donald Trump’s administration has been looking for faster ways to carry out mass deportations. Previously, they tried to use very old war laws (from over 200 years ago) to expel groups of immigrants, but other judges said that was not correct and that, if they had suspicions of terrorism, they should use this special court, the ATRC.
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