Trump Revives 1940s Dormant Law Charging Immigrants Fingerprint Refusal/ Newslooks/ WASHINGTON/ J. Mansour/ Morning Edition/ The Trump administration has reactivated the 1940 Alien Registration Act, prosecuting non-citizens who fail to submit fingerprints under this long-unused federal law. Roughly 3.2 million unregistered immigrants could be affected, with prosecutions already beginning in multiple states. Critics argue the enforcement forces undocumented people into a catch-22: register or be criminally charged.
Alien Registration Act Enforcement: Key Facts
- Law revived after 75 years: The 1940 statute mandates non-citizen registration and fingerprinting.
- Prosecutions launched: Charges filed in six states and D.C. targeting willful non-registration.
- Penalty classification: Violators face misdemeanor charges—up to six months in prison or $1,000 fines.
- Catch‑22 dilemma: Registering exposes illegal entry details, while refusing to register is a crime.
- Volume affected: DHS estimates up to 3.2 million non‑citizens remain unregistered.
- New form introduced: Immigrants must now complete a detailed seven-page fingerprint form.
- Initial success: Around 47,000 immigrants complied with the new registration requirement.
- Legal challenges underway: Advocacy groups have filed a lawsuit claiming lack of standing.
- Early prosecutions dismissed: A judge ruled that intentional refusal must be proven.
- Appeals likely ahead: Prosecutions expected to test the law up to the Supreme Court.
Trump Revives 1940s Dormant Law Charging Immigrants Fingerprint Refusal
Deep Look
Background on Enforcement
The Alien Registration Act, initially part of World War II–era security measures, required all non-citizens in the U.S. longer than 30 days to register with fingerprints. Although provisions targeting sedition were used during the 1940s, the fingerprint provision hadn’t been enforced since around 1950—until now.
Trump’s Immigration Strategy
By activating this law, the administration aims to initiate “mass self‑deportation” and meet pledges for the largest deportation campaign in history. Homeland Security officials describe the enforcement as a cost-saving and safer alternative to forced removals. Prosecutors are now charging individuals already in deportation proceedings or local jails in states including Louisiana, Arizona, Montana, Alabama, Texas, and Washington, D.C.
Complex Legal and Ethical Implications
Critics highlight an inherent contradiction: undocumented immigrants who register must provide incriminating information about illegal entry, yet refusing to register also constitutes a misdemeanor. Legal experts argue that such a system coerces self-identification and legal jeopardy.
Early Enforcement and Legal Blowback
In one notable case, a Louisiana magistrate dismissed five prosecutions, stating that the law requires proof of intentional refusal. The judge emphasized that many may be unaware the law still exists and that until April, there was no real avenue to register. Prosecutors are appealing the dismissals, potentially leading to higher judicial review.
Regulatory and Administrative Framework
In April, DHS implemented new rules and introduced a seven-page registration form requiring detailed personal and immigration history. Since then, approximately 47,000 individuals have filled out the form, signaling early compliance but also describing a complex regulatory landscape that could strain federal resources.
Pending Court Challenges and Future Outlook
Civil rights groups have filed lawsuits claiming the policy harms their constituents. So far, a federal judge has refused to issue an injunction based on procedural grounds, but the legal process is still active. Prosecutions and appeals could ultimately force judicial review on the legality and constitutionality of enforcing a decades‑dormant law.
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