A federal judge has granted the Trump administration permission to proceed with a controversial requirement mandating that all individuals in the U.S. illegally must register with the federal government. This ruling, issued on Thursday by Judge Trevor Neil McFadden, supports the administration’s argument that they are merely enforcing an existing requirement for non-citizens residing in the country.
The new requirement is set to take effect on Friday, and it has raised concerns about its potential impact on immigrants across the nation. On February 25, the Department of Homeland Security announced that all individuals in the U.S. illegally would be required to register with the federal government. Those who fail to self-report could potentially face fines or prosecution, as not registering will be classified as a crime. Individuals must carry registration documents with them at all times to avoid facing prison time and fines.
Everyone aged 14 and older without legal status will be mandated to register, and individuals registering will need to provide their fingerprints and addresses. For those under the age of 14, parents and guardians will be responsible for ensuring their registration. The registration process will also extend to Canadians who are in the U.S. for longer than 30 days, catering to individuals who spend winters in states like Florida.
Federal immigration laws have long required that non-citizens living in the U.S., including those who are undocumented, register with the government. These laws trace back to the Alien Registration Act of 1940, introduced during World War II amid rising concerns regarding immigrants and political subversives. The current registration requirements are derived from the Immigration and Nationality Act of 1952.
Although the registration mandate has historically been in place, it has rarely been enforced. Advocacy groups argue that the requirement has not been universally applied since its introduction in the mid-1940s. After the events of September 11, 2001, the government imposed a limited registration process through the National Security Entry-Exit Registration System, which mandated noncitizen males aged 16 and older from 25 specific countries to register. However, this program led to no terrorism convictions yet resulted in more than 13,000 individuals facing deportation proceedings. It was eventually suspended in 2011 and entirely dissolved in 2016.
The Trump administration claims that the registration requirement has always been in place and that officials are now simply choosing to enforce it universally. Opposing groups who filed the lawsuit against the government argue that the registration initiative is specifically designed to facilitate President Donald Trump’s mass deportation agenda concerning individuals living illegally in the country.
Further, the plaintiffs contend that the government should have undertaken the more extensive public notification process before implementing this change. They believe that the registry will put hard-working individuals, who contribute to the economy and have significant family ties in America, in a precarious situation. People now face the dilemma of whether to come forward, register, and effectively disclose their locations to a government poised for mass deportations, or to stay in the shadows and risk being charged with the crime of failing to register.
As part of this push for registration, the government is already urging those subject to the requirement to create an account on the U.S. Citizenship and Immigration Services website.
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