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

Key Points:

• The Justice Department has filed its first case with the previously unused Alien Terrorist Removal Court, a secretive federal immigration court established in 1996 to deport noncitizens deemed national security threats based on classified evidence.
• This court allows expedited deportation proceedings without defendants seeing the classified evidence against them or challenging how it was obtained, with decisions made by one of five special federal judges appointed by the Supreme Court chief justice.
• The court's activation coincides with Acting Attorney General Todd Blanche's Senate confirmation hearing, though lawmakers were unable to question him directly about the case due to its secrecy and delayed public disclosure.
• Legal experts express concern over the lack of transparency and potential constitutional issues but note that the court's Article III judges, who also serve on the Foreign Intelligence Surveillance Court, may provide rigorous judicial oversight.
• Previous attempts to use this court failed due to interagency reluctance and bureaucratic challenges, and even if removal is approved, deportation may be complicated by foreign countries' refusal to accept labeled terrorists.