In reaction to the Trump rule, a federal judge has allowed the Trump administration to start enforcing a noncitizen registration requirement. This decision has the potential to be a landmark victory for immigrants across the country. This policy shift follows the recent requirement by the Department of Homeland Security that all noncitizens 14 and older who are unauthorized register with the federal government. This registration is due by February 25th.
The Alien Registration Act of 1940 is the statutory basis for this registration. For decades, this law has been enforced in strikingly different ways. Most recently, the National Security Entry-Exit Registration System (NSEERS) was utilized in a limited capacity following the September 11 attacks. Under NSEERS, noncitizen males ages 16 and older from 25 predominantly Muslim countries were required to register with U.S. authorities. So many of these countries are Arab or Muslim countries.
Critics of the current in-person registration requirement point out that this process has been used as a tool for mass deportation. Groups challenging the government’s actions in court assert that the primary goal of registration is to facilitate the removal of individuals residing in the country unlawfully. They cite past instances where similar actions have led to an increase of hundreds of thousands of new deportation cases, typically without producing terrorist-related felony convictions. Case in point, the NSEERS program led to more than 13,000 individuals trapped in deportation dragnet.
In its defense, the Trump administration contends that the registration requirement does not come as new instruction. Rather, they argue the measure just reinstates enforcement of current laws. Government officials have gone to great lengths to stress that adherence to these national security and immigration enforcement requirements are of paramount importance. First, they claim that requiring registration would greatly reinforce a nearly-30-year-old policy. Unfortunately, these exclusionary policies have deep roots, dating back to the Immigration and Nationality Act of 1952.
Those who fall under the purview of the new plan would be required to submit their fingerprints and home addresses as part of the procedure. In addition, it is the duty of a parent or guardian to register any person under 14 years of age under their care. Risking the industry’s reputation and the public confidence, the government sounds the alarm. They have directed impacted individuals to set up accounts on the U.S. Citizenship and Immigration Services website.
This registration requirement is more than just a compliance checkbox. It succeeds in raising serious questions about the treatment and rights of noncitizens in the United States. Many fear that this could lead to increased scrutiny and fear among immigrant communities, potentially discouraging individuals from seeking necessary services due to apprehensions regarding their legal status.