A Houston-based attorney has initiated a lawsuit against multiple federal departments and officials regarding a newly implemented mandate requiring certain immigrants to register with the government based on their immigration status.
Attorney Raed Gonzalez filed the lawsuit last weekend on behalf of an anonymous resident of Houston who is currently in the United States without legal status.
This lawsuit challenges a mandate issued earlier this year by the U.S. Department of Homeland Security (DHS), which stipulates that all non-citizens over the age of 13 must register and be fingerprinted if they remain in the country for at least 30 days.
Gonzalez refers to this requirement as a ‘universal immigration registration regime,’ arguing that it breaches the Fifth Amendment of the U.S. Constitution.
He contends that the registration process forces individuals to disclose their illegal status, thereby violating the self-incrimination clause.
The lawsuit states, ‘In sum, because Form G-325R compels unregistered noncitizens to submit incriminating information to the government, it runs afoul of the Self-incrimination Clause.’
Among the defendants named in the lawsuit are the Department of Homeland Security, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and the U.S. Department of Justice, along with their respective directors.
In a statement provided to Houston Public Media, Assistant Secretary of Homeland Security Tricia McClaughlin remarked that the department does not comment on specific cases but emphasized that enforcement of the new policy would continue.
‘DHS Secretary Kristi Noem reminds all foreign nationals present in the United States longer than 30 days that the deadline to register under the Alien Registration Act was on April 11,’ McClaughlin said.
She added, ‘Failure to comply is a crime, punishable by fines and imprisonment. This isn’t anything new; this law was passed nearly 100 years ago. The Trump administration will enforce all our immigration laws — we will not pick and choose which laws we will enforce.’
Gonzalez has not yet responded to requests for comment regarding the case.
The mandate being contested was issued by Noem, who was confirmed shortly after President Donald Trump took office.
According to the lawsuit, this directive was a reaction to an executive order signed by Trump on his first day in office, which mandated that all ‘unregistered aliens’ must register with the government.
The complaint argues that this policy reversal disrupts a long-standing limited registration approach that has existed since the end of World War II.
Moreover, the lawsuit asserts that DHS did not adhere to proper procedure when implementing this mandate, failing to facilitate a period for public comment on the policy change.
The lawsuit claims, ‘Defendants attempt to rush through these sweeping changes without any meaningful explanation for the change in policy and without the notice, public comment, and careful consideration that Congress requires to avoid exactly these types of harm.’
As of Friday, no federal departments or directors had filed a response to the lawsuit, which was lodged in a federal court in Houston.
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