The Alien Terrorist Removal Court was created in 1996.
Posted by The Lawfare Podcast, Checked
- Sources
- 4 support
- Said
- 1 time·
- Confidence
- 97%
The Lawfare PodcastSep 14, 2026
Multiple tier1 and primary sources (AP, Reuters, FJC, CRS, and a 1996-dated law review piece) state the Alien Terrorist Removal Court was established by Congress in 1996 as part of the Antiterrorism and Effective Death Penalty Act, so the claim's core assertion is supported.
A guest makes this claim. Listeners heard it, so it counts against the post, and on the guest's own record.
What was said
… differences are that it's presided over by a federal judge instead of an immigration judge, and the government can present classified evidence for national security purposes to remove suspected non-citizens who have kind of terrorist affiliations or ties. So, it was created in 1996, and then for about 30 years, the Justice Department, for a number of bunch of reasons, just never really brought a case until about two months ago. It just so happened that after 30 years of being asleep, the Justice Department kind of remembered that the court existed, and it filed its very first case, which I got really excited about because I really love wonky courts. …
The Lawfare Podcast · · from the transcriptPost →What we found
Supports. The FJC primary history page states that in 1996 Congress created the Alien Terrorist Removal Court as part of the Antiterrorism and Effective Death Penalty Act of 1996.[3]
Supports. AP and Reuters both report the court was established 30 years ago, in 1996, and went unused until the Justice Department's 2026 petition.[1][2]
Supports. The CRS overview states the ATRC was established by Title IV of the Antiterrorism and Effective Death Penalty Act, passed by Congress in 1996.[4]
Context. The passage's remark that the Justice Department waited about 30 years before bringing a case is consistent with the sources, which report the first petition in July 2026.[1][4]
Sources
4 sources: 2 fact-checkers, 2 primary
- 1Justice Department activates untested court for 'alien terrorist' deportationsapnews.com · fact-checker · cited for: supports, context
- 2Secretive US court meant to deport alleged terrorists hears first casereuters.com · fact-checker · cited for: supports
- 3Alien Terrorist Removal Court, 1996-presentfjc.gov · primary source · cited for: supports
- 4The Alien Terrorist Removal Court: A Brief Overviewcongress.gov · primary source · cited for: supports, context
Where this claim was made
Said in 1 published post
Related claims
- The Justice Department filed its first case in the Alien Terrorist Removal Court approximately two months before September 11, 2026.True
- An Afghan legal permanent resident was deported less than 2 months after a case was filed in the Alien Terrorist Removal Court.True
- The first case in the Alien Terrorist Removal Court involved a woman accused of conspiring with her son and son-in-law to commit a mass shooting on Election Day 2024.True
- The Alien Terrorist Removal Court judge ordered the Afghan legal permanent resident to be deported to Afghanistan.True
- Fox News launched in 1996.True