On Jan. 20, 2025, President Trump issued Executive Order 14159, ‘Protecting the American People Against Invasion’. Part of this was the revival of Alien Registration Act. The registration requirements went into effect this Friday, April 11th, 2025. Judge Trevor Neil McFadden, an appointee of president trump, ruled on Trump’s favor that his administration is allowed to come up with a plan to force illegal immigrants (including minors 14 and older) to submit their names and personal information (including home addresses) into an online registry, in order to fine and arrest those who don’t comply.

A handful of nonprofit organizations serving immigrant communities sued the Department of Homeland Security, but failed. They argued that, as this administration has proven to do before, the information provided on good faith will be used to carry out mass deportations, and that it should be conditional to a lengthy comment period before they even consider making it a requirement. “This rule is an invitation for widespread abuse,” said Michelle Lapointe, legal director of the American Immigration Council. “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.”

Judge Trevor Neil McFadden claimed that the ‘potential harms of the registry’ were ‘speculative’.

The Smith Act, officially the Alien Registration Act of 1940, was a US federal law that criminalized advocating for the violent overthrow of the government or being a member of an organization that did so. It also required non-citizen residents to register with the government and be fingerprinted.

The order is a revival of the 1940s Alien Registration Act, which was passed shortly before the U.S. entered World War II. The ‘goal’ was to inventory noncitizens in order to be able to ‘identify potential national security threats’. Propaganda campaigns encouraged noncitizens to register with the promise of legalization and the end of persecution. Instead, their signing up ended being used as a registration form.

Any other attempts for the U.S. government to force noncitizens to register ‘have been explicitly discriminatory in targeting specific racial groups or nationalities…  The Chinese Exclusion Act of 1882 led the U.S. government to create a registration system for Chinese immigrants. This swept up not only people born in China but also people of Chinese descent born in the U.S. and people authorities considered to “look” Chinese’. The only example from modern times of registration is the National Security Entry-Exit Registration System (NSEERS), which came to pass after 9/11. It targeted noncitizens  from 24 Muslim-majority countries and North Korea. With this, the U.S. government ‘forced 83,000 people to register with NSEERS and placed 13,000 of them in deportation proceedings. The government obtained zero terrorism convictions, all while supercharging racial profiling and tearing families apart. Many communities still live with the pain caused by the deportations of loved ones through the NSEERS system’.

The new registration order also brings to mind the registration of Japanese noncitizens, which forced thousands into internment camps, along with thousands more who were U.S. citizens of Japanese descent during the 1940s.

And those are just examples of the registration of immigrants from within the United States.

The INA (Immigration and Nationality Act) requires that, with limited exceptions, all aliens 14 years of age or older who were not registered and fingerprinted (if required) when applying for a U.S. visa and who remain in the United States for 30 days or longer, must apply for registration and fingerprinting. Similarly, parents and legal guardians of aliens below the age of 14 must ensure that those aliens are registered. Within 30 days of reaching his or her 14th birthday, all previously registered aliens must apply for re-registration and to be fingerprinted.

Once an alien has registered and appeared for fingerprinting, DHS will issue evidence of registration, which aliens over the age of 18 must carry and keep in their personal possession at all times.

Before registering, it’s important to understand how your past may impact your risk. If you’ve had a criminal history or a history of working without authorization in the United States, you may be at greater risk once you register. It is recommended that you speak with an attorney.

Criminal Arrest or Conviction History:

• If you have any prior arrests or convictions, it may be more likely that ICE will arrest you.
• Any arrests or convictions may impact your ability to get other immigration status.
• You should speak to an attorney as soon as possible.

Working without Authorization:

• If you have worked without employment authorization, you should speak to an attorney before completing the form to understand any consequences.

What Are the Risks of Registering or Not?

Please remember that before choosing to register or not, it is recommended that you speak to an attorney in order to understand any consequences either action will hold.