Migrants and asylum seekers are guided into vans to be transported for processing by U.S. Border Patrol agents in Organ Pipe Cactus National Monument along the U.S.-Mexico border about a mile west of Lukeville on Dec. 4, 2023.
Washington D.C. – A federal judge ruled Thursday that the Trump administration can move forward with a sweeping mandate requiring all undocumented immigrants in the United States to register with the federal government and carry documentation at all times — a decision that could affect millions and reignite legal and political battles over immigration policy.
U.S. District Judge Trevor Neil McFadden, a Trump appointee, sided with the administration, allowing the rule to take effect Friday. While McFadden did not weigh in on the constitutionality of the rule itself, he ruled that the plaintiffs — including immigrant rights groups — lacked standing to block the mandate in court.
The ruling follows a February announcement by the Department of Homeland Security (DHS), which outlined new registration rules under the revived Alien Registration Act. The policy requires that all noncitizens who have been in the country for more than 30 days without legal status must register immediately with U.S. Citizenship and Immigration Services (USCIS), provide biometric data, and carry proof of registration or face criminal penalties.
“President Trump and I have a clear message for those in our country illegally: leave now,” DHS Secretary Kristi Noem said in a statement Thursday. “If you leave now, you may have the opportunity to return and enjoy our freedom and live the American dream.”
Officials estimate the mandate could affect between 2.2 million and 3.2 million people currently living in the U.S. without legal status. The policy applies to all noncitizens 14 and older and includes Canadians who stay in the U.S. for more than 30 days, such as seasonal residents known as “snowbirds.”
Immigration advocates have condemned the rule, calling it a thinly veiled step toward mass deportations. “This disappointing ruling unfortunately means that, for now, Trump’s scheme to force people into an impossible choice moves forward,” said Nicholas Espíritu of the National Immigration Law Center.
Critics argue the policy creates a dangerous trap: forcing immigrants to choose between remaining in the shadows or registering and risking deportation.
The Trump administration argues it is merely enforcing long-standing but largely dormant laws dating back to the 1940s and strengthened by the Immigration and Nationality Act of 1952. Similar registration efforts were briefly revived after 9/11 but were later dismantled due to concerns over racial profiling and inefficacy.
Registration is now mandatory nationwide, with DHS warning that failure to comply could result in fines, imprisonment, or deportation.
