I’m sipping my coffee and reading about this little-known court that’s been dormant since 1996, and I have to say, it’s quite the story. The Alien Terrorist Removal Court was set up to handle highly sensitive deportation cases against alleged alien terrorists, but it’s never actually been used until now. I mean, you can’t make this stuff up, folks. The Trump administration has finally decided to use this court, and it’s raising all sorts of questions about due process and constitutional rights.
The court was created as part of the Antiterrorism and Effective Death Penalty Act of 1996, and it’s designed to protect state secrets that the Justice Department has determined would pose a national security risk if disclosed in open court. But the problem is, the alleged “alien terrorists” are given very limited information about the evidence the government has gathered to justify their quick deportation. It’s like, how can you defend yourself if you don’t even know what you’re accused of?
According to Andrew Arthur, a former top attorney at the Justice Department’s Immigration and Naturalization Service, the ATRC was the “absolute last court of choice.” He said that during his time at the agency, the government determined that conventional immigration proceedings provided sufficient protections for classified information in national security-related cases. But now, the Trump administration is taking a different approach, and it’s not clear why.
The law requires that the proceedings happen as “expeditiously as practicable,” and it forecloses raising asylum claims and other arguments individuals can raise to head off deportations that are available to them under standard immigration law. The appeal process is faster, too, with any appeal must be filed with the DC US Circuit Court of Appeals within 20 days of the ruling. It’s all very hush-hush, and it’s raising eyebrows among legal experts.
CNN legal analyst Steve Vladeck said that the Trump administration’s turn to the court is like the movie “Jurassic Park,” where “the velociraptors are testing the fences.” He noted that if they lose this case, it’s one person who can be put in normal removal proceedings, but if they win, it sets a precedent. And J. Wells Dixon, a senior staff attorney at the Center for Constitutional Rights, said that the court’s procedures raise due process questions and are in tension with the Fourth Amendment’s prohibitions on unlawful searches.
The Trump administration has shown itself to be more risk-tolerant when it comes to pushing the legal envelope, and this case is no exception. The DOJ filed the new case quietly, with submissions under seal, and it was first reported by Court Watch. A DOJ spokesperson said in a statement to CNN that the department will use every tool available to bring alien terrorists to justice and remove them from the United States, including this court established by Congress in 1996.
It’s all very intriguing, and I’m curious to see how this plays out. The ATRC’s use is likely to invite legal challenges that will force the Supreme Court to weigh in, and it’s not clear exactly why the calculus has changed. But one thing is for sure, this is a story that will continue to unfold, and I’ll be here, sipping my coffee and watching it all go down.
In the end, it’s a complex and contentious issue, and it’s not clear how it will all play out. But one thing is for sure, it’s a wild ride, and I’m just along for the ride, folks. So, grab a cup of coffee, sit back, and enjoy the show, because this is one story that’s not going to end anytime soon. And who knows, maybe we’ll even get some answers, but I wouldn’t hold my breath if I were you.
Armchair patriot. Believes in the free market, cold beer, and that there’s always a guy named George behind every CNN segment.
Former remote-throwing champion turned #1 couch commentator on liberal panic in the media. Born in Texas (or so his mug says), he earned a degree in Fake Newsology & Beer Philosophy from YouTube University.
