Trump Administration Pushes Revival of Long-Dormant Courts to Advance Policy Goals

The Justice Department intends to resurrect the Alien Terrorist Removal Court, a body authorized by the 1996 Antiterrorism and Effective Death Penalty Act but never previously employed for deportations. In parallel, the administration is seeking to reactivate prize courts, historic tribunals that once adjudicated the capture and disposal of enemy ships, now aimed at Iranian oil tankers seized amid the current war with Iran.

These moves draw on legal mechanisms that have been idle since the Civil War or the turn of the 20th century, raising concerns about due-process and the scope of executive power. Critics argue that Congress should revisit these antiquated statutes, which were originally crafted for very different security contexts. The article also references earlier uses of the Alien Enemies Act of 1798 to deport Venezuelan nationals, illustrating a pattern of invoking obscure laws for contemporary policy aims. Lawmakers are urged to amend or repeal such provisions to restore legislative primacy over executive action.