A federal judge has cleared the way for the Trump administration to enforce a long-standing but rarely used immigration law requiring noncitizens to register with the federal government, with severe penalties for non-compliance.

At a Glance

• Trump’s executive order “Protecting the American People Against Invasion” requires noncitizens 14 and older to register in a federal database
• Failure to register could result in fines up to $1,000 per day and up to six months in prison
• Registration requirement is based on the Alien Registration Act of 1940 and Immigration and Nationality Act of 1952
• An estimated 3.2 million people could be affected by this enforcement
• ICE agents are instructed to prioritize cases of migrants who fail to register or carry proof of registration

Federal Judge Allows Registry Requirement to Proceed

The Trump administration has successfully defended its implementation of a noncitizen registration requirement in federal court. U.S. District Court Judge Trevor McFadden rejected attempts by nonprofit organizations to block the registry, allowing enforcement to begin as scheduled. The registration mandate, announced by the Department of Homeland Security on February 25, went into effect on Friday and applies to noncitizens aged 14 and older who have been in the United States for more than 30 days.

“A federal judge is allowing the Trump administration to move forward with a requirement that noncitizens in the US must register with the federal government, in a move that could have far-reaching repercussions for immigrants across the country.”, said judge Trevor Neil McFadden.

In his ruling, Judge McFadden stated: “Plaintiffs have not shown that they are likely to succeed on the merits. They have failed to demonstrate that they have standing to bring this suit.” The decision marks a significant victory for the administration’s immigration enforcement agenda and enables the full implementation of Trump’s executive order titled “Protecting the American People Against Invasion.”

Registration Requirements and Enforcement

The registration process requires noncitizens to provide fingerprints and address information through the U.S. Citizenship and Immigration Services website. Parents or guardians must register minors under 14 years old. The requirement applies broadly, including to Canadian “snowbirds” who stay in the U.S. for more than 30 days. Once registered, noncitizens must keep their documentation with them at all times when in public.

Immigration and Customs Enforcement (ICE) agents have received specific instructions regarding enforcement. According to internal memos, agents are directed to “treat the alien’s case as an immigration enforcement priority” and “refer the case to the US Department of Justice for criminal prosecution” if they encounter individuals who have failed to register or cannot produce proof of registration.

Secretary of Homeland Security Kristi Noem has issued stark warnings about the consequences of non-compliance. “Everyone should know that because we’re enforcing the Alien Registration Act, if you’ve been here longer than 30 days and haven’t registered with the government, we are now coming after you criminally,” Noem stated. Penalties for non-compliance include fines of up to $1,000 per day and potential imprisonment for up to six months.

🚨In reviewing President Doanld J Trump's election integrity executive order, it is requiring that UA AG Pam Bondi shall prioritize enforcement against non-citizens from registering to vote. This may create a huge legal issue with the Washington state Dept of Licensing because of…

— Lynnwood Times (@LynnwoodTimes) March 26, 2025

Legal Basis and Historical Context

The Trump administration emphasizes that the registration requirement is not new but is based on federal immigration laws dating back decades. The legal foundation comes from the Alien Registration Act of 1940 and the Immigration and Nationality Act of 1952. While these provisions have been on the books for over 80 years, they have rarely been enforced comprehensively, with limited implementation after the September 11 attacks under the National Security Entry-Exit Registration System.

Administration officials estimate that approximately 3.2 million people could be affected by this enforcement action. The U.S. Citizenship and Immigration Services has established a dedicated website for registration, and reports indicate that many eligible noncitizens have already complied with the requirement. The Trump administration maintains that the registry is simply enforcing existing immigration laws to ensure national security and border integrity.

Reactions and Concerns

The registry requirement has generated significant controversy and opposition. Critics argue that the requirement forces noncitizens into an impossible position—register and potentially face deportation based on the information provided, or refuse to register and risk criminal charges. Nicholas Espiritu of the National Immigration Law Center expressed disappointment with the court’s decision, stating, “This disappointing ruling unfortunately means that, for now, Trump’s scheme to force people into an impossible choice moves forward.”

Immigration advocacy organizations have warned that the registry could become a tool for targeting individuals for detention and deportation. Opponents also argue that such a significant change in enforcement policy should have undergone a formal public notification process as required by administrative law. Despite these concerns, the administration has proceeded with implementation following the court’s decision, signaling a new chapter in federal immigration enforcement policy.