In a decision that could have significant effects for immigrants nationwide, a federal court is permitting the Trump administration to proceed with its plan to require all individuals in the United States who are in the country illegally to register with the federal government.
Judge Trevor Neil McFadden ruled on Thursday in favor of the administration, which claimed that they were only implementing an existing law requiring all non-citizens of the United States to register with the government.
The mandate will take effect on Friday
All individuals in the United States must illegally register with the federal government, according to a Department of Homeland Security announcement on February 25. Those who fail to self-report risk penalties or legal action.
People will have to carry their registration documents with them or face jail time and fines for failing to register, which is a criminal.
Everyone who is 14 years of age or older and does not have legal status will need to register. Parents and guardians of anyone under the age of 14 must make sure they registered, and those enrolling must supply their address and fingerprints.
Canadians who stay in the United States for longer than 30 days, including so-called snowbirds who spend the winter in states like Florida, must also register.
People who are not citizens of the United States who reside in the country, including those who are here illegally, have long been required by federal immigration law to register with the government.
These statutes have their roots in the Alien Registration Act of 1940, which was passed in the early stages of World War II as concerns about immigrants and political subversives grew. The Immigration and Nationality Act of 1952 is the source of the current regulations.
In rare instances, however, the demand that individuals be listed in the U.S. register illegally has been implemented. In reality, opponents against the government argue it hasn’t been universally utilized since it was initially introduced in the mid-1940s.
After September 11, 2001, when the National Security Entry-Exit Registration System mandated that all male noncitizens aged 16 and over from 25 countries—all but one of which had a majority Arab or Muslim population—register with the U.S. government, it was used sparingly.
Despite drawing more than 13,000 people into deportation procedures, the scheme did not result in any terrorism convictions. 2011 saw its suspension, and 2016 saw its dissolution.
According to the Trump administration, the registration requirement has always been in place and authorities are just making sure that everyone is subject to it.
According to the organizations who filed the lawsuit, President Donald Trump is using this registration process specifically to further his unconstitutional mass deportation policy.
Additionally, the plaintiffs contend that before implementing the change, the government ought to have followed the more drawn-out public notification procedure.
They contend that the registry places Americans in a difficult situation where they must decide whether to come forward, register, and effectively give up their location to a government that wants to carry out mass deportations, or to remain in the shadows and run the risk of being charged with the crime of not registering.
Those who must register have already been asked by the government to register on the U.S. Citizenship and Immigration Services website.
Source: nbcnews