The US Justice Department has used a previously unused judicial mechanism to deport a 'foreign terrorist'.
The Donald Trump administration has for the first time turned to the closed and, until now, largely inoperative court, created three decades ago to hear government petitions to deport so-called foreign terrorists from the United States, writes PBS News.
The court in question is the Foreign Terrorist Removal Court, established in 1996. Until this week, it had never received such a petition. However, on July 15, the Department of Justice filed its first petition – for the deportation of an individual whose name is not mentioned in the one-page document published on the court's website.
The court's president, Joan Eriksen, reported that a hearing had already taken place on July 16. According to her, the court had questions "about the connection, as the government alleges, between the defendant's actions and the specific sections and subsections of the law applicable to those actions."
On the subject: An appeals court has allowed the Trump administration to apply expedited deportation procedures to aliens detained domestically.
"The responses received convinced the court that the government could benefit from additional time for a more thorough review," wrote Ericksen, a federal judge in Minnesota.
She instructed the Department of Justice to provide additional materials.
The court's authority is enshrined in the Death Penalty Antiterrorism and Effective Enforcement Act of 1996. The act allows the U.S. Attorney General to file private petitions for the deportation of individuals suspected of meeting the definition of a "foreign terrorist." If such a petition is granted, the court is required to hold a public hearing, during which the government must prove that the individual meets the definition. Such petitions must be approved by the Attorney General or his deputy.
Federal law provides that a person can be designated as a foreign terrorist if, among other things, he or she "participated in terrorist activity," supported or promoted such activity, or was a member of a political or social group that promotes terrorism.
Since its creation, the court has conducted no activity: until last week, it had not received a single petition or held a hearing. This was stated in a document published by the Federal Judicial Center. The court is comprised of five justices appointed by Chief Justice John Roberts.
Over the past year, the Trump administration has significantly intensified its deportation policy. Specifically, authorities have invoked a 1798 wartime law—the Alien Enemies Act—to expel Venezuelan migrants whom officials accuse of involvement with a terrorist group. Last year, during a court hearing on this issue, Washington federal judge James Boasberg noted that the Foreign Terrorist Removal Court appears to be the most appropriate forum for reviewing deportation requests based on national security concerns.
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"Actually, Congress already has a solution, right? After all, it created the Foreign Terrorist Designated Removal Court," he said. "If there are concerns about national security in holding such hearings… you can always appeal there. This will be a first, but that's what it's for, right?"
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