A federal judge on Friday ruled in favor of the Trump administration’s plan to track the location of every illegal immigrant in the United States, drawing strong opposition from Democrats nationwide. The decision clears the way for authorities to create a nationwide registry of undocumented immigrants, with failure to register classified as a separate criminal offense.
U.S. District Judge Trevor Neil McFadden, a Trump appointee serving on the United States District Court for the District of Columbia, stated in his ruling that the administration was merely enforcing existing legal provisions by requiring all non-citizens to register with the federal government. The new requirement takes effect Friday.
The U.S. Department of Homeland Security announced on February 25 that all individuals residing in the country illegally must self-report their immigration status and current address or face additional charges beyond deportation proceedings. Noncompliance could result in fines and possible imprisonment. Once registered, undocumented immigrants would be required to carry proof of registration at all times or risk prosecution.
The mandate applies to all eligible individuals over the age of 14. In addition to submitting their home address, undocumented immigrants must appear in person to provide fingerprints for inclusion in a national database. The registration requirement will also extend to so-called snowbirds from Canada who stay in the U.S. for more than 30 consecutive days.
Federal law, starting with the Alien Registration Act of 1940, has required illegal immigrants to register with the federal government. However, these provisions have not been enforced for many years. The current requirements originate from the Immigration and Nationality Act of 1952, according to NBC News. Opponents contested the Trump administration’s authority to enforce the law, arguing in court that it has not been consistently applied since its original enactment. They also claimed the government should be obligated to follow a more formal public notice and comment process, which could delay implementation by weeks or even months.
The law was used on a limited basis after the September 11, 2001 attacks, when non-citizen males aged 16 and older from 25 designated countries were required to register with the government. Trump administration officials have maintained that the law has remained in place and that they are simply enforcing it more broadly for the first time in decades.