Sealed DOJ Gambit Stirs Due Process Fears

Department of Justice seal on American flag background — Photo: chrisdorney / Shutterstock

For the first time ever, the Justice Department is using a secretive terrorism-removal court to deport an alleged “alien terrorist.”

Story Snapshot

The Department of Justice filed the first case in the Alien Terrorist Removal Court, a 1996 creation never used until now.
The filing is under seal and is designed to handle classified national security evidence.
The court can remove a noncitizen if the government certifies a national security threat and terrorism links under law.
An initial court order issued the day after filing shows the case advanced past the first step.

What The Justice Department Did And Why It Matters

On July 15, 2026, the Department of Justice filed a petition with the Alien Terrorist Removal Court. Reporters say this is the first time the government has used the court since Congress created it in 1996. The petition seeks to remove an unnamed noncitizen under a law meant for suspected terrorists. The Justice Department chose this path because it lets the court review classified material that cannot be shared in normal immigration court.

The filing is sealed. Outlets describe the case as confidential and focused on national security. That fits the court’s design. The court exists to handle sensitive terrorism evidence without exposing sources or methods. Officials often argue this protects intelligence and lives. A Justice Department spokesperson said the department will use every legal tool to remove alien terrorists, including this court set up by Congress three decades ago.

How The Alien Terrorist Removal Court Works

Under the 1996 statute, the attorney general or deputy attorney general must approve any case. The law requires a statement of facts that says the person’s presence is a national security threat. The statute sets criteria for who counts as an “alien terrorist.” That can include membership in a designated group or support for terrorist activity. The court can consider classified evidence and provide an unclassified summary to the noncitizen.

Early movement has occurred in this case. The American Immigration Lawyers Association reported the first court order came on July 16, one day after the filing. That order signals the petition was not rejected at the door. It also shows the court is now active after decades of dormancy. Still, the public does not have the petition text, affidavits, or the attorney general’s certification. Those remain under seal at this stage.

The Stakes: Security, Secrecy, And Due Process

Supporters say the court fills a gap. They argue normal immigration courts cannot safely handle top secret sources or live counterterror work. They believe using this channel is a needed, lawful step to protect Americans. They also note Congress created this process after major terror attacks abroad and at home in the 1990s. They view the court as overdue rather than new or rogue, and see it as part of national defense.

The government has activated the constitutioanlly dubious "Alien Terrorist Removal Court" for the first time in its 30 yrs of existence to speedrun the deportation Nazira Haji Zada to Afghanistan.

As with many repressive terrorism laws, @ADL was a key player in its creation. 🧵 https://t.co/cVfcPaGX1H

— darryl li (@dcli) July 30, 2026

Critics warn that sealed filings and classified evidence can hide errors. They say secrecy weakens public trust and makes it hard to test the government’s claims. Reporters note the identity of the respondent and the alleged terrorism links are not public. With so many details sealed, people across the spectrum may worry about fairness and whether the system favors power over transparency. Those tensions will likely shape debate as the case proceeds.