Judge allows requirement that everyone in the US illegally must register
to move forward
[April 11, 2025]
By REBECCA SANTANA
WASHINGTON (AP) — 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, in a move that could have far-reaching repercussions for
immigrants across the country.
Judge Trevor Neil McFadden — a Trump appointee — sided with the
administration, which had argued that officials were simply enforcing a
requirement that already existed for everyone who is in the country but
isn’t an American citizen. McFadden's ruling didn't go into the
substance of those arguments but rested largely on the technical issue
of whether the groups pushing to stop the requirement had standing to
pursue their claims. He ruled they didn't.
The requirement goes into effect Friday.
Immediately after the ruling, Department of Homeland Security officials
emphasized in a news release that the deadline to register for those
who've already been in the country for 30 days or more is Friday and
that going forward, the registration requirement would be enforced to
the fullest.
“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 questions remain about how the registration requirement will
function, its impact is potentially far-reaching. The Trump
administration — which has worked to make good on campaign promises of
mass deportations — has said between 2.2 million and 3.2 million people
could be affected.
One of the groups that sued, the National Immigration Law Center, called
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 National Immigration Law Center.
Homeland Security officials announced Feb. 25 that it was mandating that
all people in the United States illegally register with the federal
government, and said those who didn’t self-report could face fines or
prosecution. Failure to register is considered a crime, and people will
be required to carry registration documents with them or risk prison
time and fines.
Registration will be mandatory for everyone 14 and older without legal
status. People registering have to provide their fingerprints and
address, and parents and guardians of anyone under age 14 must ensure
they registered.
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Homeland Security Secretary Kristi Noem speaks during a news
conference to announce the re-launch of the VOICE office, Victims of
Immigration Crime Engagement, with families of victims behind her,
at the Immigration and Customs Enforcement headquarters, Wednesday,
April 9, 2025, in Washington. (AP Photo/Alex Brandon)
The registration process also applies to Canadians who are in the
U.S. for more than 30 days, including so-called snowbirds who spend
winter months in places like Florida.
Federal immigration law has long required that people who aren’t
American citizens and live in the U.S., including those here
illegally, register with the government. Those laws can be traced
back to the Alien Registration Act of 1940, which came amid growing
fears of immigrants and political subversives in the early days of
World War II. The current requirements stem from the Immigration and
Nationality Act of 1952.
But the requirement that people illegally in the U.S. register has
been enforced only in rare circumstances. In fact, advocates
opposing the government say it hasn’t been universally used since it
was first introduced in the mid-1940s.
It was used in a limited way after Sept. 11, 2001, when the National
Security Entry-Exit Registration System required that noncitizen
males 16 and older from 25 countries — all but one of them majority
Arab or Muslim — register with the U.S. government. The program led
to no terrorism convictions but pulled more than 13,000 people into
deportation proceedings. It was suspended in 2011 and dissolved in
2016.
The Trump administration has argued that the registration
requirement has always existed and that officials are simply
enforcing it for everyone.
The groups that sued say the government should have gone through the
more lengthy public notification process before bringing about the
change, and that it's enforcing this simply to facilitate President
Donald Trump’s aim of carrying out mass deportations.
They argue that the registry puts people who work, contribute to the
economy and have deep family ties in America into a deep bind: Do
they come forward, register and essentially give up their location
to a government intent on carrying out mass deportations, or do they
stay in the shadows and risk being charged with the crime of not
registering?
The government has already asked people subject to the registration
requirement to create an account on the U.S. Citizenship and
Immigration Services website.
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