Federal courts are pushing back against a Trump administration initiative that seeks to criminally charge undocumented immigrants for failing to register their presence in the U.S.—a requirement revived through a little-known wartime law.
On April 11, the Department of Homeland Security (DHS) launched an online registration system, mandating that non-citizens aged 14 and over submit their fingerprints and home addresses. This marked the enforcement of a World War II-era law resurrected under an executive order titled "Protecting the American People Against Invasion." Violations of the law carry penalties of up to six months in prison and $5,000 in fines.
Judges in multiple jurisdictions, however, have dismissed or questioned these cases, raising legal concerns about the fairness and feasibility of enforcing a statute that had long gone unused, as The Washington Post explains.
In one instance, U.S. Magistrate Judge Michael B. North dismissed charges against five migrants in Louisiana, stating there was "no evidence that any of these defendants knew they were required to register," and noting that until April 11, "there was no mechanism for them to do so."
The Post also explains another example U.S. Magistrate Judge Deborah Fine noted that in her decade on the bench she had never seen prosecutors bring a charge for failing to register with the government, which she described as "not the most serious" crime:
"She (Fine) questioned whether Eduardo Prado Flores, a 25-year-old Mexican national who had been picked up at a local jail after an arrest for driving under the influence, was even aware the registry existed — let alone willfully refused to sign up, as prosecutors had alleged"
At the hearing's conclusion, Fine remained skeptical, stating that "if this is all the United States has, I have concerns about putting my signature on this." A few days later, prosecutors withdrew the case. In fact, as of mid-May, at least six failure-to-register cases had been dismissed or withdrawn
Nevertheless, Justice Department lawyers in other states, including Alabama, Montana and Texas, have continued to file similar cases, with most charged being arrested during ICE screenings at county jails or at roadside enforcement checkpoints. All are facing civil deportation proceedings separate from their criminal case s.
In all, at least 13 defendants have pleaded guilty to charges of failing to register and have either been removed from the country or are in deportation proceedings, according to court records. But even some of those who have successfully fought the criminal charges have been deported after immigration courts found them to be in the country without legal status, according to their lawyers.
Advocates argue the initiative effectively criminalizes undocumented immigrants for a lack of compliance with a new and complex system, often without proper notice or access to legal guidance. Back in April, the ACLU and the American Immigration Council, filed a lawsuit to block the rule, arguing that it was implemented without public input and invites racial profiling. "This rule is an invitation for widespread abuse," said Michelle Lapointe, legal director at AIC.
While the DOJ continues to appeal some dismissed cases, the push has highlighted a growing divide between the administration's hardline enforcement goals and the courts' interpretation of legal due process.
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