Trump Revived an 85-Year-Old Immigration Law. It Puts Undocumented Immigrants in a Catch-22.

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.

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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.” {snip}

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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.

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