US Activates Long Unused Deportation Court, Raising Human Rights Concerns

## US Government Files First Application with Alien Terrorist Removal Court The US government has taken a significant step in its efforts to deport noncitizens suspected of terrorism by filing its first application with the Alien Terrorist Removal Court (ATRC). The ATRC is a specialized federal court created in 1996 to hear deportation proceedings against noncitizens suspected of terrorism, where the government uses undisclosed classified evidence. The first application was filed in the case of Nazira Haji Zada, a 47-year-old green card holder from Afghanistan who has been held without charge since July 28. The government alleges that Zada pledged loyalty to the Islamic State (also known as ISIS) but has not charged her with any crime. Her lawyers have stated that only a summary of the evidence against her has been made available to them. ## Grave Human Rights Concerns Raised by ATRC Proceedings The use of the ATRC raises significant human rights concerns for Zada and other noncitizens who may be deemed an "alien terrorist." The court's rules do not allow challenges to the evidence even if it was unlawfully obtained, which has been repeatedly found to violate due process by US courts. Moreover, the ATRC's procedures pose a risk to Zada's safety, as she could be deported to Afghanistan despite it not being a safe country for forced returns. The United Nations high commissioner for human rights has cautioned against involuntary returns to Afghanistan absent individualized risk assessments due to arbitrary arrests, detention, torture, and other ill-treatment. ## Constitutional Issues and Human Rights Implications The use of the ATRC also raises constitutional issues about the use of classified evidence and due process that need to be resolved by US appellate courts. The Trump administration's decision to activate a court that has lain dormant for 30 years will likely lead to further human rights concerns and potential suffering for many people. Without a court order blocking this, the use of the ATRC could result in the deportation of individuals who may face grave danger upon return to their home countries. The human rights implications of this decision are far-reaching and require close scrutiny to ensure that the rights of noncitizens are protected.