WASHINGTON — A federal judge on Thursday allowed the Trump administration to move forward with a requirement that everyone in the U.S. illegally must register with the federal government and carry documentation, marking a significant shift in immigration enforcement that could have far-reaching repercussions for immigrants across the country.
Judge Trevor Neil McFadden — a Trump appointee — sided with the administration, which argued that officials were simply enforcing a requirement that had already existed for everyone who is in the country but isn’t an American citizen.
McFadden’s ruling didn’t delve into the substance of those arguments; instead, it focused predominantly on the technical issue of whether the groups attempting to stop the requirement had standing to pursue their claims.
He ruled that they did not.
The requirement goes into effect Friday.
Immediately following the ruling, Department of Homeland Security officials underscored in a news release that the deadline to register for those who have already been in the country for 30 days or more is Friday, and emphasized that the registration requirement would be enforced to the fullest extent.
“President Trump and I have a clear message for those in our country illegally: leave now. If you leave now, you may have the opportunity to return and enjoy our freedom and live the American dream,” Secretary Kristi Noem said in the statement.
“The Trump administration will enforce all our immigration laws — we will not pick and choose which laws we will enforce.
We must know who is in our country for the safety and security of our homeland and all Americans.”
While many questions remain surrounding how the registration requirement will operate, its potential impact is significant.
The Trump administration has suggested that between 2.2 million and 3.2 million people could be affected by this mandate.
One of the organizations that filed suit against this requirement, the National Immigration Law Center, termed the Thursday ruling “disappointing” in a statement.
“This disappointing ruling unfortunately means that, for now, Trump’s scheme to force people into an impossible choice moves forward. As we weigh next steps in our case, we urge affected community members to consult with an immigration attorney to better understand the consequences of registering or not,” said Nicholas Espíritu, deputy legal director at the National Immigration Law Center.
On February 25, Homeland Security officials announced that they would be mandating all people in the United States illegally to register with the federal government.
Those who failed to self-report could face fines or prosecution — a significant legal risk for many.
A failure to register is deemed a crime, and individuals will be required to carry registration documents with them at all times or risk penalties including prison time and fines.
The registration is compulsory for everyone 14 years of age and older who lacks legal status.
Those registering must provide their fingerprints and address, while parents and guardians of anyone under the age of 14 are responsible for ensuring their child’s registration.
This registration process will also apply to Canadians who are in the U.S. for more than 30 days, including those seasonal visitors known as snowbirds who spend winter months in warmer states like Florida.
Federal immigration law has historically stipulated that non-American citizens living in the U.S., including those without legal status, must register with the government.
These laws can be traced back to the Alien Registration Act of 1940, which was enacted during World War II amidst growing fears surrounding immigrants and potential political subversives.
Current requirements originate from the Immigration and Nationality Act of 1952.
However, enforcement of the registration requirement for individuals illegally in the U.S. has been rare.
In fact, advocates opposing the government have claimed that these laws have not been applied uniformly since they were first introduced in the mid-1940s.
The requirement was enforced after the September 11, 2001 attacks when the National Security Entry-Exit Registration System mandated noncitizen males aged 16 and older from 25 countries — predominantly Arab or Muslim — to register with the U.S. government.
This program led to no terrorism convictions but resulted in more than 13,000 individuals being pulled into deportation proceedings.
The initiative was suspended in 2011 and formally dissolved in 2016.
The Trump administration maintains that the registration requirement is not a new one but is instead enforcing an existing law for everyone.
The groups that filed the lawsuit argue that the government should have followed a lengthier public notification process before initiating this change and that it is executing this mandate solely to facilitate President Donald Trump’s goal of mass deportations.
They contend that the registry places individuals — who work, contribute to the economy, and possess deep family ties in America — in a precarious situation.
They are faced with the dilemma of either coming forward to register and effectively revealing their location to a government poised for mass deportation, or remaining in the shadows and risking criminal charges for non-registration.
The government has already asked individuals subject to the registration requirement to create an account on the U.S. Citizenship and Immigration Services website.
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