Three decades ago, Congress created a federal court called the U.S. Alien Terrorist Removal Court. It has the power to order the removal of a foreign national from this country when the government proves that they’re a terrorist. In proving its case, the government can use classified information that would undermine national security upon public disclosure. (Pursuing a traditional removal proceeding would result in the disclosure of this evidence if the government used it.) It must meet its burden only by the preponderance of the evidence, which essentially means “more likely than not.” The ATRC judges come from federal district courts and receive their appointments to this specialized court from the Chief Justice of the U.S. Supreme Court.
Across the 30 years of its existence, the ATRC had never heard a case until last week. The U.S. Department of Justice now has filed the first case heard there, asking the court to order the removal of an Afghan national in Texas. This woman allegedly participated in a plot with her son and son-in-law to carry out a mass shooting inspired by ISIS on Election Day in 2024.
The plot emerged when the son and son-in-law tried to buy the weapons and ammunition for the shooting from an undercover FBI employee. The son received a 15-year prison sentence and accepted his removal to Afghanistan upon his release, as well as the loss of his lawful permanent resident status. The son-in-law pleaded guilty to two terrorism charges, but the court has not yet sentenced him.
The government alleges that the family sold off much of their property to raise money for the plot. As part of this process, the woman signed a contract to sell the family home. She also planned to take the other children in the family to Afghanistan before the attack.
If the ATRC rules against the woman, she can appeal to the U.S. Court of Appeals for the D.C. Circuit, one of the standard federal appellate courts. (The government also has a right to appeal an adverse decision.)
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