The Trump administration has activated a secretive court for deporting illegal immigrants deemed to be terrorists, raising questions about the constitutionality of the court’s procedures. The Alien Terrorist Removal Court, established in 1996, has lain dormant until now, with the administration filing a case against an individual whose identity and details of the case remain under wraps.

Background on the Court

The court was created as part of the Antiterrorism and Effective Death Penalty Act of 1996, with the aim of providing a forum for the government to deport resident aliens suspected of being terrorists without compromising national security. However, the court’s secretive procedures have been criticized for potentially violating the due process rights of the individuals being deported.

Under the court’s statute, the government can present the bulk of its case in camera and ex parte, meaning that only the judge sees the full slate of evidence, and the targeted individual is not entitled to review the evidence. The law requires that proceedings happen as ‘expeditiously as practicable’ and forecloses raising asylum claims and other arguments that individuals can raise to head off deportations under standard immigration law.

Concerns Over Due Process

Legal experts have expressed concerns that the court’s procedures may not provide adequate notice and opportunity for the individual to respond. ‘We’re really going to say they can be deported based on evidence they never see?’ said Steve Vladeck, a Georgetown Law professor. The court’s use has sparked debate over the balance between national security and individual rights, with some arguing that the court’s procedures are necessary to protect sensitive information and others arguing that they compromise the principles of due process.

The case has been filed quietly, with submissions under seal, and the Justice Department has stated that it will use every tool available to bring illegal immigrants who are terrorists to justice and remove them from the United States. The outcome of the case is likely to have significant implications for the use of the Alien Terrorist Removal Court and the balance between national security and individual rights.

Original reporting: KRDO (Colorado Springs metro) — read the source article.