The Trump administration has announced the reinstatement of a decades-old law requiring migrants to register their names and fingerprints with federal agencies. This policy, rooted in a 1940 statute, mandates that migrants aged 14 and older, who were not fingerprinted or registered when applying for a U.S. visa and have stayed in the country for 30 days or more, must comply with the registration process. Failure to do so could result in criminal penalties, including up to six months in prison, accelerated deportation, and a potential bar to legalizing their status. This move marks a significant shift in immigration enforcement, with the administration signaling its intent to strictly uphold existing laws.
## The Policy’s Details and Implications
The Department of Homeland Security (DHS) outlined the new policy, emphasizing that it applies to migrants who entered the country without proper registration. The law, which was enforced publicly until the 1960s, makes non-compliance a criminal offense. Art Arthur, a former immigration judge, highlighted that this law provides federal and local authorities with a new tool to detain and deport migrants who fail to register. The policy is expected to impact at least 14 million undocumented immigrants, including those who overstayed visas, such as former temporary workers and students. Additionally, it could disrupt the “Adjustment of Status” process, which often serves as a pathway to legalization for many migrants.
## Rationale Behind the Policy: Security and Accountability
The Trump administration has framed this policy as a matter of national security and accountability. DHS officials argue that knowing who is in the country is essential for the safety and security of all Americans. By requiring registration, the administration aims to track migrants more effectively and ensure compliance with immigration laws. Art Arthur noted that migrants who register can be easily located by Immigration and Customs Enforcement (ICE), while those who do not register will face criminal charges, making it easier for state and local police to detain them for deportation.
## A New Front in the Battle Over Sanctuary Cities
The policy also appears to target “sanctuary cities,” where local governments limit cooperation with federal immigration authorities. By criminalizing non-registration, the administration gains a new legal avenue to challenge jurisdictions that shield undocumented immigrants. This move has been met with fierce opposition from pro-migration advocates, who argue that the policy expands the grounds for arrests and deportations. Critics like Chris Ramon of the pro-migration advocacy community contend that the administration is exploiting the law to justify sweeping enforcement actions.
## A Call to Voluntarily Depart
In conjunction with the policy announcement, the DHS issued a message encouraging undocumented migrants to leave the country voluntarily. President Trump and Secretary Noem emphasized that those who depart now may still have the opportunity to return legally in the future. This appeal, however, has been met with skepticism, as many migrants have deep roots in the U.S. and face significant barriers to leaving.
## Legal Challenges and Backlash
The implementation of this policy is expected to face numerous legal hurdles, as immigration advocates and lawyers have already voiced strong opposition. Critics argue that the administration is misapplying a decades-old law without proper legal justification. Nancy Morawetz, a professor at New York University, stressed that such a significant policy change requires a clear explanation and legal rationale. Immigration lawyers have also condemned the move, likening it to past examples of race- and nationality-based registry requirements that are widely regarded as shameful. The National Immigration Law Center has suggested that the policy could be challenged on grounds of racial discrimination.
As the administration moves forward with this plan, it is likely to spark intense debates over immigration enforcement, national security, and the rights of migrants. While the policy may face delays due to legal challenges, its announcement has already sent shockwaves through immigrant communities and reignited the broader conversation about the future of immigration in the United States.