A law is a law no matter when it was passed. This is how Federal officials view the measure that guided them in carrying out President Donald Trump’s orders to enforce a World War II-era criminal law that requires all non-citizens in the country to register with and submit fingerprints to the government.
Since April, law enforcement in Louisiana, Arizona, Montana, Alabama, Texas and Washington, D.C., have charged people with willful "failure to register" under the Alien Registration Act, an offense most career federal public defenders have never encountered before.
Many of those charged were already in jail and in ongoing deportation proceedings when prosecutors presented judges with the new charges against them.
The registration provision in the law, which was passed in 1940 amid widespread public fear about immigrants' loyalty to the U.S., had been dormant for 75 years, but it is still on the books. Failure to register is considered a misdemeanor with maximum penalties of six months imprisonment or a US$ 1,000 fine.
In reviving the law, the Trump administration may put illegal aliens in a catch-22. If they register, they must hand over detailed, incriminating information to the federal government — including how and when they entered the country. But knowingly refusing to register is also a crime, punishable by arrest or prosecution, on top of the ever-present threat of deportation.
"The sort of obvious reason to bring back registration in the first place is the hope that people will register, and therefore give themselves up effectively to the government because they already confessed illegal entry," said Jonathan Weinberg, a Wayne State University law professor who has studied the registration law.
But the Trump administration also has another goal. It says one purpose of the registration regime is to provoke undocumented immigrants to choose a third option: leave the country voluntarily, or, in the words of the Department of Homeland Security, compulsory "mass self-deportation."
Those efforts, alongside the administration’s invocation of the Alien Enemies Act and a more aggressive approach to immigration raids, are meant to achieve a broader, overarching campaign promise: the largest deportation program in the history of America.
"For decades, this law has been ignored — not anymore," the department said in a February announcement that it would enforce the law. The department called "mass self-deportation" a "safer path for aliens and law enforcement," and said it saves U.S. taxpayer dollars.
DHS estimates that up to 3.2 million immigrants are currently unregistered and are affected by the new enforcement regime. The administration has created a new seven-page form that non-citizens must use. The form requires people, under penalty of perjury, to provide biographical details, contact information, details about any criminal history and the circumstances of how they entered the U.S.
After DHS issued regulations to enforce the registration requirement in April, the administration announced that 47,000 undocumented immigrants had registered using the new form.