DOJ tests limits of never-before-used court to deport suspected terrorist

Core Impact Points

• The Alien Terrorist Removal Court was created in 1996 but has never been used until now.
• The court allows the government to deport noncitizens without revealing classified evidence, sparking concerns about due process and the potential for abuse.
• The Justice Department must show probable cause that the defendant is a noncitizen who poses a national security threat, but the evidentiary standards are lower than in the criminal justice system.
• The court's structure is similar to the Foreign Intelligence Surveillance Court, which reviews applications for surveillance warrants and other national security investigative actions.
• Some legal experts argue that the judicial scrutiny in the Alien Terrorist Removal Court will help counterbalance concerns about due process, but others warn that the court's secrecy could lead to abuses of power.
• The decision to use the Alien Terrorist Removal Court marks the latest move in a series of actions to carry out President Trump's anti-immigration policies.