How the Alien Terrorist Removal Court Could Be Good for the U.S. Immigration System

ALLC Partner Jess Dawgert authored an article explaining how the Alien Terrorist Removal Court (“ATRC”) may end up being good for the immigration system.

The ATRC has sat dormant for thirty years. DOJ just activated it, and we are waiting to see if the court will accept the case. Many are speculating about what may happen and why DOJ is now bringing its first case.

My argument: despite real due process gaps, the ATRC could end up more legitimate than what noncitizens currently face in immigration court or expedited removal proceedings. Article III judges with lifetime tenure are a neutral adjudicators who follow federal laws and rules, which is different than current politically appointed immigration judges who answer to the Attorney General.

That doesn't mean the ATRC is a good system. It means the baseline it's being compared to has collapsed. Read more:
https://www.justsecurity.org/149897/alien-terrorist-removal-court-immigration/