United States Alien Terrorist Removal Court
| Alien Terrorist Removal Court of the United States | |
|---|---|
| (T.R.C.) | |
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| Location | E. Barrett Prettyman United States Courthouse[1] |
| Appeals to | District of Columbia Circuit |
| Established | April 24, 1996 |
| Authority | Article III court |
| Created by | Antiterrorism and Effective Death Penalty Act of 1996 8 U.S.C. §§ 1531–1537 |
| Composition method | Chief Justice assignment[2] |
| Judges | 5 |
| Judge term length | 5 years |
| Chief Judge | Joan N. Ericksen |
| www | |
The Alien Terrorist Removal Court of the United States[1] (ATRC) is a special court in the U.S. federal judiciary whose purpose is to adjudicate removal proceedings against aliens (foreigners) on grounds that they are terrorists.[3] The court consists of five Article III judges assigned[2] by the Chief Justice of the United States.[4] Appeals from the ATRC are taken by the Court of Appeals for the District of Columbia Circuit and then, if certiorari is granted, to the Supreme Court.[5]
History
April 1996 to June 2026
The court was created by Section 401 of the Antiterrorism and Effective Death Penalty Act of 1996 (8 U.S.C. §§ 1531–1537). For 30 years after its creation in 1996, the ATRC had conducted no proceedings because no Attorney General had applied for removal proceedings there.[5] While the constitutionality of the ATRC has not been ruled on, legal scholars have speculated that it was left dormant over due process concerns surrounding the possible use of secret evidence in its proceedings.[6][7]
In re Zada (July 2026 to present)
On July 15, 2026, the acting U.S. Attorney General submitted the court's first application.[7][8] Later, on July 30, 2026, the U.S. Department of Justice (DOJ) posted a press release, which specified "Nazira Haji Zada, 47, residing in Fort Worth, Texas," as the person whose removal is sought before the Alien Terrorist Removal Court.[9] Zada is the mother and mother-in-law, respectively, of two Afghan nationals who were convicted in 2024 for their involvement in a foiled Islamic State terror plot.[10] Zada herself was not charged in connection with the plot, but DOJ alleges that she "supported" plot and "pledged loyalty to ISIS."[11] Matthew Farley, the attorney representing Zada, asked the court for her release from immigration detention and alleged that the "entire [Alien Terrorist Removal Court] scheme is in violation of due process and unconstitutional."[12]
Current
As of 2026:[13]
| Judge | Judicial district | Date appointed | Term expiry |
|---|---|---|---|
| Joan N. Ericksen[a] | District of Minnesota | 2023 | 2028 |
| Kenneth M. Karas | Southern District of New York | 2022 | 2027 |
| Karin Immergut | District of Oregon | 2026 | 2031 |
| Timothy D. DeGiusti | Western District of Oklahoma | 2025 | 2030 |
| Sara Elizabeth Lioi | Northern District Court of Ohio | 2025 | 2030 |
Former
As of 2026:[13]
| Judge | Judicial district | Date appointed | Term expiry |
|---|---|---|---|
| Alfred M. Wolin | District of New Jersey | 1996 | 2004 |
| Earl H. Carroll[a] | District of Arizona | 1996 | 2006 |
| David Dudley Dowd Jr. | Northern District of Ohio | 1996 | 2014 |
| Michael Anthony Telesca | Western District of New York | 1996 | 2015 |
| William Clark O'Kelley | Northern District of Georgia | 1996 | 2017 |
| James Cacheris[a] | Eastern District of Virginia | 2005 | 2016 |
| Harold Baker | Central District of Illinois | 2008 | 2018 |
| Rosemary M. Collyer[a] | District of Columbia | 2016 | 2020 |
| James Parker Jones | Western District of Virginia | 2016 | 2021 |
| Thomas B. Russell | Western District of Kentucky | 2016 | 2021 |
| Anne C. Conway | Middle District of Florida | 2017 | 2022 |
| Michael W. Mosman | District of Oregon | 2018 | 2023 |
| Liam O'Grady | Eastern District of Virginia | 2021 | 2023 |
| James Boasberg[a] | District of Columbia | 2020 | 2025 |
Chief judges
Succession of seats
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See also
- Special Immigration Appeals Commission, a British court with a similar purview
Notes
References
- 1 2 "Rules for the Alien Terrorist Removal Court of the United States". Federal Criminal Code and Rules (2025 ed.). Thomson Reuters. pp. 257–258. ISBN 9798350210057.
- 1 2 Vladeck, Steve (July 20, 2026). "The Alien Terrorist Removal Court's First Case". Just Security. Retrieved July 20, 2026.
- ↑ Greenhouse, Linda (August 7, 2013). "Too Much Work?". Opinionator. The New York Times. Archived from the original on December 4, 2013. Retrieved August 8, 2013.
- ↑ "Alien Terrorist Removal Court Members Selected" (Press release). Administrative Office of the United States Courts. September 1996. Archived from the original on April 16, 2012. Retrieved July 19, 2026.
- 1 2 "Alien Terrorist Removal Court, 1996–present". Federal Judicial Center. Archived from the original on July 19, 2026. Retrieved July 19, 2026.
- ↑ Niles, John Dorsett (April 2008). "Assessing the Constitutionality of the Alien Terrorist Removal Court". Duke Law Journal. 57 (6) 7: 1833–1864. ISSN 0012-7086. JSTOR 40040634. OCLC 9971433033. Retrieved July 19, 2026.
- 1 2 Cheney, Kyle; Gerstein, Josh (July 18, 2026). "Trump Administration Activates Never-before-used 'Alien Terrorist' Deportation Court". Politico. Archived from the original on July 18, 2026. Retrieved July 18, 2026.
- ↑ Hughes, Seamus (July 18, 2026). "Alien Terrorist Removal Court Has Its First Case". Court Watch. Archived from the original on July 18, 2026. Retrieved July 19, 2026.
- ↑ "Department of Justice Files First Case in U.S. Alien Terrorist Removal Court to Deport Afghan Alien Who Supported Her Family's Plans for Election-Day Shooting". United States Department of Justice. July 30, 2026. Retrieved August 2, 2026.
- ↑ Tucker, Eric; Kunzelman, Michael (July 30, 2026). "US uses dormant court to seek deportation of Afghan woman accused of aiding terror plot". Associated Press. Retrieved August 1, 2026.
- ↑ Feuer, Alan; Sella, Adam (July 30, 2026). "U.S. Revives Obscure Court in Bid to Deport Afghan Woman". The New York Times. ISSN 0362-4331. Retrieved August 1, 2026.
- ↑ Lynch, Sarah (July 30, 2026). "Afghan woman plans to fight DOJ efforts to deport her over allegation she is an "alien terrorist"". CBS News. Retrieved August 1, 2026.
- 1 2 3 "Alien Terrorist Removal Court: Judges". Federal Judicial Center. n.d. Archived from the original on July 19, 2026. Retrieved July 19, 2026.
