President Donald Trump signed an executive order titled “Protecting the American People Against Invasion.” The Department of Homeland Security was thus directed to re-establish a registry for migrants living illegally in the country. It would ostensibly “ensure that failure to comply is treated as a civil and criminal enforcement priority.”
The order faced immediate legal opposition, of course. But, as expected, a judge ruled on Thursday, April 10, allowing the policy to stand.
Section 262 (8 U.S.C. 1302) of the Immigration and Nationality Act (INA) requires noncitizens to register with the government and dates back to the Alien Registration Act of 1940. It just hasn’t been enforced much. Now, though, migrants 14 years or older who have been in the country for 30 or more days must register or face fines and imprisonment.
The Trump administration said as many as 2.2 million and 3.2 million people could be affected by the enforcement of this law. US Citizenship and Immigration Services (USCIS) said most aliens have already registered, though some have not because they didn’t have the necessary documentation. A website has now been set up for migrants to do so. “No alien will have an excuse for failure to comply with this law,” USCIS said.
An announcement in February said all migrants would be required to register with the government. The Coalition for Humane Immigrant Rights Los Angeles, United Farmworkers of America, Make the Road New York, and CASA were among the organizations that sued the Department of Homeland Security in March to kill the registry. US District Court Judge Trevor McFadden in DC, however, ruled against them, saying: “Plaintiffs have not shown that they are likely to succeed on the merits. They have failed to demonstrate that they have standing to bring this suit.”
“This disappointing ruling unfortunately means that, for now, Trump’s scheme to force people into an impossible choice moves forward,” said Nicholas Espiritu, deputy legal director at the National Immigration Law Center. “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.”
“The Trump administration will enforce all our immigration laws – we will not pick and choose which laws we enforce,” Noem said in a statement. “We must know who is in our country for the safety and security of our homeland and all Americans.”
The Alien Registration Act of 1940 was created for national security reasons during World War II, but the current requirements come from the Immigration and Nationality Act of 1952. It hasn’t been enforced much since its inception, except for a limited time after 9/11, when the National Security Entry-Exit Registration System made it so illegal immigrant males 16 and older from 25 countries had to register with the government. It was suspended in 2011 and then dissolved in 2016.
The National Immigration Law Center posted on its website that “Any attempt by the Trump administration to create a registration process for noncitizens previously unable to register would be used to identify and target people for detention and deportation.”
Trump and his team have made it very clear that securing the border by mass deportation is one of their primary goals. Recently, Liberty Nation News reported how the president is utilizing a 1996 law – §1324d – which imposes civil penalties on noncitizens who fail to depart the US after receiving a final order of removal. Those who ignore the law face a $998 fine each day they stay in the country.
Illegal migrants 14 years and older are required to register and provide their fingerprints and addresses, while the parents and guardians of underage immigrants must also ensure they are registered. This process doesn’t just apply to migrants, though. Canadians, for example, the so-called snowbirds who like to spend their winter months in warmer climates like Florida, will also have to register if they are in the US for more than 30 days. Noncitizens will be required to keep their documentation on them in public as well.