BURSTA coalition of immigration advocates has sued the Trump administration over a policy that requires migrants to self-register with the government.
The Trump administration’s interim rule points to a little-used provision of the Immigration and Nationality Act that requires anyone over the age of 14 who is unlawfully present in the country to register with authorities and alert the government of any change in address.
“This rule is an invitation for widespread abuse. We’re talking about a new reality in the United States, in which anyone perceived to be an immigrant would have to carry their identity documents any time they leave the house and be prepared to show them to law enforcement on demand, at risk of being arrested,” Michelle Lapointe, legal director at the American Immigration Council, said in a statement.
“The United States is not a ‘carry your papers’ country, and this rule jeopardizes the freedoms and rights of millions of people who live here.”
The suit challenges the rule under the Administrative Procedures Act, arguing the government cannot issue such a far-reaching shift in policy without undergoing notice and comment rulemaking.
The Department of Homeland Security did not immediately respond to a request for comment.
The suit noted an interview from Homeland Security Secretary Kristi Noem, in which she said the platform would be used to help migrants “relocate” to their home country.
“The government has never before required registration as part of a campaign to prioritize the prosecution of misdemeanor immigration offenses and to encourage ‘self-deportation,’” the suit says.
Those in the U.S. on visas and other legal pathways are already fingerprinted and coordinate with immigration agencies.
Expanding the process to those in the country unlawfully is not expected to drive voluntary compliance. The government is largely unaware of where the nation’s estimated more than 11 million people in the country without legal status live, and the threat of deportation is likely to make most migrants hesitant to register.
But immigration advocates cited greater risks in seeking to get groups to register with the government.
“History has shown us the dangers of forcing scapegoated community members to register with the government. Trump’s registration rule is ripped right out of the authoritarian playbook, and in the past this road has led to internment and concentration camps. All of us must reject this horrific attempt to criminalize, entrap, and spread more fear and chaos in our neighborhoods,” Nicholas Espíritu, deputy legal director at the National Immigration Law Center, said in a statement.
“Make no mistake, the Trump administration’s registration scheme threatens not only the freedom of immigrants, but our collective freedom — and we will not let history repeat itself.”