Trump's revival of an 85-year old immigration law creates new risks for undocumented migrants
The Trump administration has started enforcing an 85-year-old immigration law that requires non-citizens to register with the federal government and provide fingerprints. This law, originally passed in 1940 during World War II, had not been actively enforced for over seven decades, according to a report by Politico.
Since April 2025, federal prosecutors have charged undocumented immigrants in several states, including Louisiana, Arizona, Montana, Alabama, Texas, and Washington, DC, with “willful failure to register.” Most of the accused were already detained and facing deportation when the new charges were added.
The registration law, part of the Alien Registration Act, classifies failure to register as a misdemeanor. Penalties include up to six months in jail or a $1,000 fine. The law applies to all non-citizens living in the US for over 30 days, regardless of their immigration status.
Legal experts say the law puts undocumented immigrants in a difficult position. If they comply, they risk exposing details about their illegal entry and stay. If they refuse, they face prosecution.
Jonathan Weinberg, a law professor at Wayne State University told Politico, “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.”
The Department of Homeland Security (DHS) has also confirmed that the aim of the policy is to encourage undocumented immigrants to leave the country voluntarily. In February, DHS described this as “mass self-deportation,” calling it a safer and more cost-effective method.
A new seven-page registration form asks for detailed personal information, including how and when individuals entered the US. DHS estimates that around 3.2 million immigrants are currently unregistered. Since April, 47,000 people have reportedly completed the new form.
As per the Politico report, a legal challenge is underway. The Coalition for Humane Immigrant Rights and other groups have filed a lawsuit. US District Judge Trevor McFadden declined to temporarily block the policy in April, saying the plaintiffs did not show direct harm. The case is now on appeal.
In a separate development, a Louisiana judge recently dismissed five of the new criminal cases, stating that the defendants likely didn’t know about the law and that the government had not provided a clear way to register since the 1950s.
However, the court also said future prosecutions may be more successful now that DHS has implemented a formal registration process. The Justice Department has appealed the dismissed cases and said it will continue pursuing immigration-related prosecutions.
Michelle LaPointe, legal director at the American Immigration Council, said to Politico, “I don’t expect them to abate just because there were some dismissals.” She warned the government could still pursue many more cases under this law.
Since April 2025, federal prosecutors have charged undocumented immigrants in several states, including Louisiana, Arizona, Montana, Alabama, Texas, and Washington, DC, with “willful failure to register.” Most of the accused were already detained and facing deportation when the new charges were added.
The registration law, part of the Alien Registration Act, classifies failure to register as a misdemeanor. Penalties include up to six months in jail or a $1,000 fine. The law applies to all non-citizens living in the US for over 30 days, regardless of their immigration status.
Legal experts say the law puts undocumented immigrants in a difficult position. If they comply, they risk exposing details about their illegal entry and stay. If they refuse, they face prosecution.
Jonathan Weinberg, a law professor at Wayne State University told Politico, “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.”
The Department of Homeland Security (DHS) has also confirmed that the aim of the policy is to encourage undocumented immigrants to leave the country voluntarily. In February, DHS described this as “mass self-deportation,” calling it a safer and more cost-effective method.
A new seven-page registration form asks for detailed personal information, including how and when individuals entered the US. DHS estimates that around 3.2 million immigrants are currently unregistered. Since April, 47,000 people have reportedly completed the new form.
As per the Politico report, a legal challenge is underway. The Coalition for Humane Immigrant Rights and other groups have filed a lawsuit. US District Judge Trevor McFadden declined to temporarily block the policy in April, saying the plaintiffs did not show direct harm. The case is now on appeal.
In a separate development, a Louisiana judge recently dismissed five of the new criminal cases, stating that the defendants likely didn’t know about the law and that the government had not provided a clear way to register since the 1950s.
However, the court also said future prosecutions may be more successful now that DHS has implemented a formal registration process. The Justice Department has appealed the dismissed cases and said it will continue pursuing immigration-related prosecutions.
Michelle LaPointe, legal director at the American Immigration Council, said to Politico, “I don’t expect them to abate just because there were some dismissals.” She warned the government could still pursue many more cases under this law.
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