Latest news with #AlienRegistrationAct
Time of India
16-06-2025
- Politics
- Time of India
Trump's revival of an 85-year old immigration law creates new risks for undocumented migrants
The Trump administration has started enforcing an 85-year-old immigration law that requires non-citizens to register with the federal government and provide fingerprints. This law, originally passed in 1940 during World War II, had not been actively enforced for over seven decades, according to a report by Politico. Since April 2025, federal prosecutors have charged undocumented immigrants in several states, including Louisiana, Arizona, Montana, Alabama, Texas, and Washington, DC, with 'willful failure to register.' Most of the accused were already detained and facing deportation when the new charges were added. The registration law, part of the Alien Registration Act , classifies failure to register as a misdemeanor. Penalties include up to six months in jail or a $1,000 fine. The law applies to all non-citizens living in the US for over 30 days, regardless of their immigration status. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Elegant New Scooters For Seniors In 2024: The Prices May Surprise You Mobility Scooter | Search Ads Learn More Legal experts say the law puts undocumented immigrants in a difficult position. If they comply, they risk exposing details about their illegal entry and stay. If they refuse, they face prosecution. (Join our ETNRI WhatsApp channel for all the latest updates) Jonathan Weinberg, a law professor at Wayne State University told Politico, '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.' Live Events You Might Also Like: Trump administration gives personal data of immigrant medicaid enrollees to deportation officials The Department of Homeland Security (DHS) has also confirmed that the aim of the policy is to encourage undocumented immigrants to leave the country voluntarily. In February, DHS described this as 'mass self-deportation,' calling it a safer and more cost-effective method. A new seven-page registration form asks for detailed personal information, including how and when individuals entered the US. DHS estimates that around 3.2 million immigrants are currently unregistered. Since April, 47,000 people have reportedly completed the new form. As per the Politico report, a legal challenge is underway. The Coalition for Humane Immigrant Rights and other groups have filed a lawsuit. US District Judge Trevor McFadden declined to temporarily block the policy in April, saying the plaintiffs did not show direct harm. The case is now on appeal. In a separate development, a Louisiana judge recently dismissed five of the new criminal cases, stating that the defendants likely didn't know about the law and that the government had not provided a clear way to register since the 1950s. You Might Also Like: Trump directs ICE to expand deportations in Democratic-run cities, undeterred by protests However, the court also said future prosecutions may be more successful now that DHS has implemented a formal registration process. The Justice Department has appealed the dismissed cases and said it will continue pursuing immigration-related prosecutions. Michelle LaPointe, legal director at the American Immigration Council, said to Politico, 'I don't expect them to abate just because there were some dismissals.' She warned the government could still pursue many more cases under this law. You Might Also Like: Trump asks half a million people from THESE countries to 'self-deport' immediately amid immigration crackdown
Yahoo
14-06-2025
- Politics
- Yahoo
Federal prosecutors now charging immigrants who don't submit fingerprints under dormant 1940s law
Federal officials have begun carrying out President Donald Trump's orders to enforce a World War II-era criminal law that requires virtually 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 'petty offense' — a misdemeanor with maximum penalties of six months imprisonment or a $1,000 fine. In reviving the law, the Trump administration may put undocumented immigrants 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. The Department of Homeland Security did not answer questions about its enforcement policies. The Alien Registration Act was passed in 1940, amid fears about immigrants' loyalties. A separate provision of the statute criminalizes advocacy for overthrowing the government. For about two decades, that provision was used to prosecute people who were accused of being either pro-fascist or pro-Communist. The registration provision, though, remained largely dormant, and had not been enforced in 75 years. It applies to non-citizens, regardless of legal status, who are in the U.S. for 30 days or longer. Certain categories of legal immigrants have already met the requirement. Immigrants who have filed applications to become permanent residents are considered registered by DHS, for example. And even some undocumented U.S. residents are already registered: U.S. residents who have received 'parole' — a form of humanitarian protection from deportation — are also considered registered. Still, 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. The Coalition for Humane Immigrant Rights and other advocacy groups filed a lawsuit challenging Trump's move to revive the registration requirement in March. U.S. District Judge Trevor McFadden, a Trump appointee, initially expressed skepticism toward the administration, saying in a recent hearing that officials had pulled a 'big switcheroo' on undocumented immigrants. But McFadden in April refused the plaintiffs' request to temporarily block the policy, saying the Coalition likely lacks the legal standing to sue because it has not shown that it would be harmed by the policy. The group has appealed McFadden's decision. In the meantime, the administration has begun to prosecute people for failure to register for the first time in seven decades. The prosecutions so far have stumbled. On May 19, a federal magistrate judge in Louisiana consolidated and dismissed five of the criminal cases, saying prosecutors had no probable cause to believe the defendants had intentionally refused to register. Judge Michael North wrote that the Alien Registration Act requires 'some level of subjective knowledge or bad intent' behind the choice not to register. The prosecutions, the judge wrote, are impermissible because most people are simply unaware of the law, and the government 'did not provide these Defendants — as well as millions of similarly situated individuals here without government permission — with a way to register' since 1950. But North also pointed out that the government may have an easier path to proving probable cause in the future, given that DHS created a new registration form in April. And government attorneys have appealed the five dismissed cases. The Justice Department and the U.S. Attorney's Office for the Eastern District of Louisiana declined to comment on recent charges filed under the law. A spokesperson for the U.S. Attorney's Office for the District of Columbia said the office 'is aggressively pursuing criminals in the district and will use all criminal justice resources available to make D.C. safe and to carry out President Trump's and Attorney General Bondi's direction to support immigration enforcement." The other federal district attorneys whose offices filed charges did not respond to a request for comment. Michelle LaPointe, legal director at the American Immigration Council, an immigrants' rights advocacy group, said these initial cases are the 'tip of the iceberg.' LaPointe is among the attorneys representing the Coalition in its lawsuit against the administration. 'I don't expect them to abate just because there were some dismissals,' LaPointe said, pointing to North's statements about future charges. 'They have already stated that they intend to make prosecution of the few immigration-related criminal statutes a priority for DOJ, and it's very easy for them to at least charge, even if they're not always gonna be able to sustain their burden to secure a conviction.' Weinberg, the Wayne State law professor, agreed that the administration will likely continue attempting broad enforcement. 'If they bring a whole lot of prosecutions and end up losing all, they may step back,' Weinberg said. 'If they bring a whole lot and win a few, they'll say, 'Well, that's the basis on which we can move further'' and appeal — potentially all the way to the Supreme Court, he noted.
Politico
14-06-2025
- Politics
- Politico
Federal prosecutors now charging immigrants who don't submit fingerprints under dormant 1940s law
Federal officials have begun carrying out President Donald Trump's orders to enforce a World War II-era criminal law that requires virtually 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 'petty offense' — a misdemeanor with maximum penalties of six months imprisonment or a $1,000 fine. In reviving the law, the Trump administration may put undocumented immigrants 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. The Department of Homeland Security did not answer questions about its enforcement policies. The Alien Registration Act was passed in 1940, amid fears about immigrants' loyalties. A separate provision of the statute criminalizes advocacy for overthrowing the government. For about two decades, that provision was used to prosecute people who were accused of being either pro-fascist or pro-Communist. The registration provision, though, remained largely dormant, and had not been enforced in 75 years. It applies to non-citizens, regardless of legal status, who are in the U.S. for 30 days or longer. Certain categories of legal immigrants have already met the requirement. Immigrants who have filed applications to become permanent residents are considered registered by DHS, for example. And even some undocumented U.S. residents are already registered: U.S. residents who have received 'parole' — a form of humanitarian protection from deportation — are also considered registered. Still, 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. The Coalition for Humane Immigrant Rights and other advocacy groups filed a lawsuit challenging Trump's move to revive the registration requirement in March. U.S. District Judge Trevor McFadden, a Trump appointee, initially expressed skepticism toward the administration, saying in a recent hearing that officials had pulled a 'big switcheroo' on undocumented immigrants. But McFadden in April refused the plaintiffs' request to temporarily block the policy, saying the Coalition likely lacks the legal standing to sue because it has not shown that it would be harmed by the policy. The group has appealed McFadden's decision. In the meantime, the administration has begun to prosecute people for failure to register for the first time in seven decades. The prosecutions so far have stumbled. On May 19, a federal magistrate judge in Louisiana consolidated and dismissed five of the criminal cases, saying prosecutors had no probable cause to believe the defendants had intentionally refused to register. Judge Michael North wrote that the Alien Registration Act requires 'some level of subjective knowledge or bad intent' behind the choice not to register. The prosecutions, the judge wrote, are impermissible because most people are simply unaware of the law, and the government 'did not provide these Defendants — as well as millions of similarly situated individuals here without government permission — with a way to register' since 1950. But North also pointed out that the government may have an easier path to proving probable cause in the future, given that DHS created a new registration form in April. And government attorneys have appealed the five dismissed cases. The Justice Department and the U.S. Attorney's Office for the Eastern District of Louisiana declined to comment on recent charges filed under the law. A spokesperson for the U.S. Attorney's Office for the District of Columbia said the office 'is aggressively pursuing criminals in the district and will use all criminal justice resources available to make D.C. safe and to carry out President Trump's and Attorney General Bondi's direction to support immigration enforcement.' The other federal district attorneys whose offices filed charges did not respond to a request for comment. Michelle LaPointe, legal director at the American Immigration Council, an immigrants' rights advocacy group, said these initial cases are the 'tip of the iceberg.' LaPointe is among the attorneys representing the Coalition in its lawsuit against the administration. 'I don't expect them to abate just because there were some dismissals,' LaPointe said, pointing to North's statements about future charges. 'They have already stated that they intend to make prosecution of the few immigration-related criminal statutes a priority for DOJ, and it's very easy for them to at least charge, even if they're not always gonna be able to sustain their burden to secure a conviction.' Weinberg, the Wayne State law professor, agreed that the administration will likely continue attempting broad enforcement. 'If they bring a whole lot of prosecutions and end up losing all, they may step back,' Weinberg said. 'If they bring a whole lot and win a few, they'll say, 'Well, that's the basis on which we can move further'' and appeal — potentially all the way to the Supreme Court, he noted.
Time of India
29-05-2025
- Politics
- Time of India
1,080 Indians deported from US since January, confirms MEA
NEW DELHI: The ministry of external affairs on Thursday confirmed that 1,080 Indian nationals have been deported from the United States since January 2025, with 62 per cent of them returning on commercial flights. 'We have close cooperation between India and the United States on migration issues, particularly on the deportation of Indian nationals who are in illegal status there or who travelled illegally,' MEA spokesperson Randhir Jaiswal said during a weekly briefing. 'We take them back once we receive details about them.' The update comes amid rising concerns over changes to US visa policies under the Trump administration. A cable obtained by Politico revealed that US Secretary of State Marco Rubio has ordered embassies to halt new student visa interviews as stricter social media vetting rules are being prepared. This directive applies to all F, M, and J category visa appointments. While the cable reportedly makes reference to executive orders on counterterrorism and antisemitism, it does not specify the criteria for evaluating applicants' online presence. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Bolsas nos olhos? (Tente isso hoje à noite) Revista Saúde & Beleza Saiba Mais Undo However, it signals a broader tightening of procedures that could affect thousands of Indian students seeking to study in the United States. The MEA said it had noted reports of these new developments and emphasised that the welfare of Indian students remains 'supreme' for the government. 'We look at all developments regarding visas strictly. Visa issuance is a sovereign function, but we hope applications of Indian students will be assessed on merit so they can join their academic programmes on time,' Jaiswal said. According to MEA data, around 333,000 Indian students went to the US for higher education in 2023–24. Meanwhile, the US Embassy in India recently issued a warning on social media, stating that those who overstay their authorised period in the US risk deportation or even a permanent ban. Additionally, Homeland Security Secretary Kristi Noem has reiterated that all foreign nationals staying in the US for over 30 days must register under the Alien Registration Act, a requirement now being strictly enforced following an executive order signed by President Trump earlier this year.
Forbes
19-05-2025
- Business
- Forbes
New DOJ Whistleblower Policy Bad News For Employers Of Immigrants And H-1B Visa Holders
A seal for the Department of Justice is seen on a podium on March 21, 2024. Under a new policy, the ... More Justice Department will prioritize whistleblower tips about employers accused of violating federal immigration law. (Photo by) Under a new policy, the Justice Department will prioritize whistleblower tips about employers accused of violating federal immigration law. The policy would allow the DOJ to expand efforts to prosecute employers of immigrants and H-1B visa holders. A Department of Justice memo issued in February 2025 directed federal prosecutors to prioritize immigration-related cases. The new whistleblower policy confirms that the Trump administration's top issue remains immigration enforcement. Matthew R. Galeotti, head of the criminal division at the Department of Justice, announced an expansion of the DOJ's whistleblower program to include immigration and other areas. 'We have made changes to our corporate whistleblower program to reflect our focus on the worst actors and most egregious crimes,' Galeotti told attendees at the Securities Industry and Financial Markets Association's Anti-Money Laundering and Financial Crimes Conference on May 12, 2025. 'To do this, I asked MLARS [Money Laundering and Asset Recovery Section] and Fraud to review the corporate whistleblower awards pilot program and recommend additional areas of focus reflecting the Administration's priorities.' 'Today, we have added the following priority areas for tips: procurement and federal program fraud; trade, tariff, and customs fraud; violations of federal immigration law; and violations involving sanctions, material support of foreign terrorist organizations, or those that facilitate cartels and Transnational Criminal Organizations, including money laundering, narcotics, and Controlled Substances Act violations,' said Galeotti. (Emphasis added.) He noted, 'As with every other area in our program, these tips must result in forfeiture to be eligible for an award.' On February 5, 2025, Attorney General Pam Bondi issued a memo informing Justice Department employees that 'immigration enforcement' tops the DOJ's list of prosecution priorities. 'The Department of Justice shall use all available criminal statutes to combat the flood of illegal immigration that took place over the last four years, and to continue to support the Department of Homeland Security's immigration and removal initiatives,' according to the memo. She singled out prosecutions for violating the Alien Registration Act and 'bringing in and harboring aliens,' a provision that authorities have not used extensively against employers. The memo noted that failing to pursue immigration-related cases could have consequences for DOJ attorneys. 'Any declinations of immigration-related offenses shall be disclosed as Urgent Reports . . . On a quarterly basis, each U.S. Attorney's Office shall report statistics to the Executive Office for United States Attorneys.' U.S. attorneys have received the message. On April 11, 2025, a press release in Texas was headlined: 'U.S. Attorney's Office Adds 295 New Immigration Cases in One Week.' According to the release, 'Acting United States Attorney Margaret Leachman for the Western District of Texas announced today, that federal prosecutors in the district filed 295 immigration and immigration-related criminal cases from April 4 through April 10.' The press release states: 'These cases are part of Operation Take Back America, a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration . . .' The priorities of other law enforcement personnel also have changed. 'FBI field offices around the country have been ordered to assign significantly more agents to immigration enforcement, a dramatic shift in federal law enforcement priorities that will likely siphon resources away from counterterrorism, counterintelligence and fraud investigations,' reports NBC News. Director of the Federal Bureau of Investigation (FBI) Kash Patel (L) and U.S. Attorney General Pam ... More Bondi speak during a press conference to announce the results of Operation Restore Justice on May 07, 2025. (Photo by) U.S. employers may not appreciate the potential impact of the Justice Department's new focus. 'Employers do not appear to grasp the depth and breadth of options DOJ and DHS may have to bring enforcement actions,' said Chris Thomas, a partner with Holland & Hart. 'Though these agencies have shown restraint in the types of criminal cases they have brought in the past, employers should not make the mistake of assuming prior enforcement activity will serve as any indication of what may be coming.' Thomas notes that being raided and hit with criminal charges can debilitate business operations and result in long-term reputational damage. Criminal exposure can include prison terms of up to 10 years per count, fines of up to $500,000 per count and forfeiture of assets. The Department of Justice's Criminal Division operated a Corporate Whistleblower Awards Pilot Program that compensated individuals who provided 'original and truthful information about corporate misconduct that results in a successful forfeiture.' Until the recent expansion, the whistleblower information needed to relate to '(1) certain crimes involving financial institutions, from traditional banks to cryptocurrency businesses; (2) foreign corruption involving misconduct by companies; (3) domestic corruption involving misconduct by companies; or (4) health care fraud schemes involving private insurance plans.' DOJ can apply the new whistleblower policy against employers of H-1B visa holders and other highly skilled foreign-born professionals. 'It can be and will be used against H-1B employers, along with potentially companies employing L-1, O-1 and TN visa holders,' said Thomas. 'If anybody blew the whistle for an employer knowingly offering false information, charges could be brought. We have even seen DOJ prosecute employers that provide misleading invitation letters for business visitors, such B-1 or ESTA [Electronic System for Travel Authorization], claiming that they are coming for meetings, when they are coming to engage in work.' In recent weeks, U.S. Citizenship and Immigration Services has issued Requests for Evidence for H-1B and employment-based immigrant petitions, claiming to have 'adverse information' on individuals. Those actions appear focused on specific employees rather than companies. For the past four months, the Trump administration has laid the groundwork to pursue new criminal priorities likely to affect employers of immigrants and temporary visa holders. 'As the rhetoric translates into significant raids and criminal charges, employers will be forced to take compliance much more seriously,' said Chris Thomas. 'At that point, however, it may be too late.'
