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.
A long dormant law will now affect millions
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.
A legal challenge and a series of prosecutions
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.
At the same time this flag allows the flags supported by the right, the Confederate battle flag, the thin blue line flag, the Dresden don’t tread on me flag, along with others. The only political flag not allowed is those supporting the LGBTQ+ community. Hugs
Montana’s Gov. Greg Gianforte (R) has passed a law prohibiting the flying of Pride flags on government property and public schools. However, the law allows “historic flags,” like the Confederate flag, to be flown even though that flag represents support for Black slavery.
House Bill 819 allegedly restricts any flags that “represent a political party, race, sexual orientation, gender or political ideology.” It also allows the flying of any flags “honoring law enforcement officers, military service members, and public service organizations [that] provide appropriate, nonpolitical recognition of their contributions to public safety and national defense.”
The law was sponsored by 25-year-old state Rep. Braxton Mitchell (R), who introduced a law banning drag shows (including drag storytime events) from taking place on public property. The law remains unenforceable due to a federal court injunction against it.
Justifying his flag ban, Mitchell said during a March 6 state House floor debate, “Government buildings, schools and public facilities serve all citizens and should not be used to promote political, ideological or activist messaging,” according to KTVH.
However, Rep. Pete Elverum (D) pointed out, “What we’re doing here is we’re expressly prescribing what speech is allowed, ‘these flags’, and what speech is not allowed, ‘these other flags’,” adding, “And as for the definition of ‘promoting a certain ideology,’ those [flags] are expressly prohibited, but at the exact same time we’re sitting here with a bill proclaiming to be about free speech, we’re expressly prohibiting some and promoting others.”
Both Utah and Idaho have signed similar laws restricting the flying of Pride flags in schools and government property. The move led the capitol city governments of Salt Lake City,Utah and Boise, Idaho to designate the Pride flags as official city flags, so they can still fly them under the law.
When Mitchell introduced his aforementioned statewide drag ban, he claimed that all drag performances are “sexually oriented,” “indecent,” “inappropriate,” and “harmful” for minors. A federal judge issued an injunction against the ban in October 2023 — saying the broadly written law would encourage “discriminatory enforcement” and “disproportionally harm … anyone who falls outside of traditional gender and identity norms.” The judge’s injunction has stayed in place ever since.
Mitchell supports far-right causes, like pro-gun protests in the face of school shootings, joined the young conservative group Turning Point USA, supported the current U.S. president’s baseless claims of a “stolen” 2020 election, and has shared images of the far-right paramilitary group the Proud Boys on social media,The Daily Beast reported.
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June 13, 1967 Thurgood Marshall was nominated for justice of the Supreme Court by President Lyndon Johnson. Marshall was then Solicitor General of the United States, and had been the lead attorney in the Brown v. Board of Education case that ended legal segregation in the schools. He would be the first African American on the Court. Synopsis of Juan Williams’s biography of Justice Thurgood Marshall
June 13, 1971 The New York Times began publishing the Pentagon Papers, a series of excerpts from the Defense Department’s classified history of the Vietnam War, giving details of U.S. involvement in Vietnam from the end of World War II to 1968. Publication was interrupted after the Nixon administration went to court to block it, asserting its power to exercise prior restraint over public release of what it considered classified material. The Washington Post then began publishing the papers. On June 30 the Supreme Court, 6-3, allowed publication to resume. What started that day and how Nixon’s people dealt with it
June 13, 1991 Jeffrey Collins was awarded a $5.3 million settlement from Shell Oil which had fired him for being gay. Collins had offered to settle out of court for $50,000, but Shell refused.
Remember when the right freaked out because bike riding Biden fell on the Air Force 1 stairs as he ran up them? Where are they now? Remember when tRump needed a General to walk him down the ramp? Well now tRump has falling on the Air Force 1 stairs. So where is the outrage on the right? tRump rides a gold cart on the green so he is supper fit, but Bide riding and exercising Biden in their mind was a feeble old man days into his term. Hugs
June 11, 1962 Students for a Democratic Society (SDS) held its founding convention in Michigan and issued The Port Huron Statement, laying out its principles and program. “In social change or interchange, we find violence to be abhorrent because it requires generally the transformation of the target, be it a human being or a community of people, into a depersonalized object of hate. It is imperative that the means of violence be abolished and the institutions—local, national, international—that encourage non-violence as a condition of conflict be developed.” Complete text of the Port Huron Statement (it’s a .pdf, in case you’re on a phone) Students for a Democratic Society: A Graphic History: Paul Buhle, Editor
June 11, 1963 Thich Quang Duc, a Buddhist monk from the Linh-Mu Pagoda in Hue, Vietnam, burned himself to death (self-immolation) in front of the U.S. embassy in downtown Saigon (now known as Ho Chi Minh City) to protest the the South Vietnamese regime the U.S. supported, and the war the Americans were waging. A painting of the scene on the street as Thich Quang Duc self-immolates in protest of the government and war in Vietnam
June 11, 1963 Vivian Malone (later Jones) preparing to enroll at Alabama with Deputy Attorney Gen, Nicholas Katzenbach (L) at her side. Alabama Governor George C. Wallace stood in the doorway of the University of Alabama in order to prevent the admission of two negro students in a failed attempt to maintain segregation in educational opportunities. He was forced to step aside later in the day when Vivian Malone and James Hood were registered as students.
June 11, 1968 Daniel Cohn-Bendit, known as Danny the Red, arrived in Britain, stirring up fears of campus unrest. The 23-year-old Paris law student had been given permission to remain in the U.K. just 24 hours, but immediately threatened to defy the authorities and out-stay his official welcome [his visit was later legally extended to 14 days]. Cohn-Bendit, a German citizen, had been expelled from France in May for being an organizer of the French student and worker demonstrations which almost brought that country to a standstill the previous month. Daniel Cohn-Bendit and a Paris policeman in 1968. “I don’t know how long I will stay. I think it’s a free country” -Daniel Cohn-Bendit He currently sits as a Green Party deputy in the European Parliament. The news at the time Daniel Cohn-Bendit today
June 11, 1970 Representative Martha Griffiths (D-Michigan) filed a discharge petition signed by a majority of all members of the U.S. House of Representatives, a seldom used parliamentary move, to bring the Equal Rights amendment to the House floor for consideration. She saw this as the only way to get the constitutional amendment out of the Judiciary Committee where it had been held by its chairman, Emmanuel Cellar (D-New York), who had refused to even hold hearings on the matter. Representative Griffiths had introduced the amendment every year since 1948. Representative Martha Griffiths from Detroit’s west side
June 11, 1988 100,000 marched from United Nations headquarters in New York City to Central Park during the 3rd U.N. Special Session on Disarmament. Though there had been progress in recent years on disarmament, the U.N. meeting yielded nothing but stalemate. Read more
June 11, 2010 Scientists studying the scale of the then-ongoing BP oil spill in the Gulf of Mexico doubled the previous estimate of the scale of the flow of oil into the Gulf. Initially, BP and the government had said that no more than 1000 barrels (42 U.S. gallons per barrel) per day were leaking, later raised to 5000. The fine for oil spills was $4300 per barrel. The new estimate was between 20,000 and 40,000 barrels per day. If the spill had been stopped that day (the well was not capped until early August), it would have exceeded the Exxon Valdez spill by a factor of eight.
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