LOS ANGELES, CA – A federal lawsuit was filed against the U.S. Dept. of Homeland Security (DHS), DHS Secretary Kristi Noem, and other government defendants this week in the U.S. District Court in Washington D.C. by Coalition for Humane Immigrant Rights of Los Angeles (CHIRLA).
The legal action is challenging a new rule introduced by the Trump administration that mandates millions of non-citizen to register with the federal government and carry proof of registration at all times, with the threat of criminal prosecution for non-compliance, reported CHIRLA.
The plaintiffs in the lawsuit include CHIRLA, United Farm Workers (UFW), CASA, and Make the Road New York. Partner organizations acting as legal counsel included the American Civil Liberties Union’s Immigrants’ Rights Project (ACLU-IRP), the American Immigration Lawyers Association (AILA), the National Immigration Law Center (NILC), RFK Human Rights, and CASA, CHIRLA added.
The lawsuit is an urgent response to the unprecedented rule, which was published just 30 days ago, without public input or the standard notice-and-comment period required by law, noted CHIRLA, noting proponents of immigrant rights were concerned the new rule may facilitate widespread abuse and turn the U.S. into a “show me your papers country.”
Michelle Lapointe, legal director at the American Immigration Council, stated, “This rule is an invitation for widespread abuse…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 at all times …the United States is not a ‘carry your papers’ country, and this rule jeopardizes the freedoms and rights of millions of people who live here.”
Jeremy Robbins, executive director of the American Immigration Council, argued, “With a stroke of the pen, the Trump administration is trying to turn the U.S. into a ‘show me your papers’ state, where millions of immigrants, naturalized citizens, and natural born citizens could be harassed by law enforcement because of their skin color, the neighborhood they live in, or the language they speak.”
CHIRLA reported Robbins noted, “Forcing people to make the impossible choice of subjecting themselves to immigration enforcement and deportation or criminal prosecution will do nothing to keep us safe.”
Angelica Salas, executive director at CHIRLA, charged “This process is a mass roundup and an extension of the Trump Administration’s fear mongering campaign targeting immigrants who have deep roots in their communities and who contribute to our nation’s strength and vitality. This registration process is meant to punish, exclude, and tear families apart.”
CHIRLA noted with dismay, the rule resurrects a long-dormant, World War II era federal law requiring millions of non-citizens to register with the federal government and carry specific identity papers at all times. Failure to comply could lead to federal criminal charges, added CHIRLA.
According to CHIRLA, DHS Secretary Kristi Noem had explicitly stated that the rule is intended to “incentivize people to self-deport,” and has raised alarm among civil rights organizations because the rule also treats violations as a criminal enforcement priority, suggesting DHS will aggressively prosecute anyone who “willfully” fails to register or “carry their papers.”
CHIRLA reported the lawsuit argued that because the rule affects millions of individuals, it should have gone through the proper procedures, including a public comment period, before it was enacted.
CHIRLA argued the rule’s vague and confusing language, with a potential to cause chaos, as it remained unclear which categories of immigrants will be considered “registered.”
CHIRLA cited, for example, individuals with DACA or TPS (Temporary Protected Status) protections could still be excluded from registration if they do not also have a work permit.
Immigrant rights groups also expressed concern over the potential harm to marginalized communities affected by this rule, noted CHIRLA.
“Throughout the world, registration schemes are a common ploy used by authoritarian regimes to criminalize civilians and intimidate people with abuses of police power,” said Anthony Enriquez, vice president of U.S. advocacy and litigation at RFK Human Right, CHIRLA reported.
According to CHIRLA, the plaintiffs drew parallels between the Trump administration’s rule and the tactics used by authoritarian governments.
“History has shown us the dangers of forcing scapegoated community members to register with the government…Trump’s registration rule is ripped right out of the authoritarian playbook, and in the past this road has led to internment and concentration camp,” said Nicholas Espíritu, deputy legal director at the National Immigration Law Center, warning the “horrific attempt to criminalize, entrap, and spread more fear and chaos in our neighborhoods,” CHIRLA reported.
Natalia Aristizabal, deputy director of Make the Road New York, added, “The Trump registry is a blatant attempt by this administration to expand the immigration enforcement apparatus and tear families apart. The idea of a registry is not new; it has been used by authoritarian governments and throughout U.S. history to pursue a nativist ideology and scapegoat hard working immigrant families,” wrote CHIRLA.
CHIRLA added Aristizabal added, “We will continue to stand with them as they push back against these cruel policies.”
