Trump dusts off WWII-era law, because nothing says ‘make America great again’ like 1940s xenophobia

Federal authorities are now charging immigrants who do not provide fingerprints, using an old law from the 1940s that had not been enforced for seventy-five years. The Alien Registration Act requires non-citizens to with the federal government, but it has been ignored for decades. The Trump istration is pushing the enforcement to bring back a World War II-era law requiring almost all U.S. non-citizens to and give their fingerprints to the government.

As found by Politico, law enforcement in several states, including Louisiana, Arizona, Montana, Alabama, Texas, and Washington, D.C., has started charging people for intentionally failing to under the Alien Registration Act. This misdemeanor crime is punishable by up to six months in jail or a fine of $1,000. Many of those charged were already in custody and going through deportation proceedings when these new charges were added.

The registration part of this 1940 law was originally ed during a time when many Americans were worried about immigrants’ loyalty to the U.S. It had not been used for seventy-five years but was still technically in effect. The Trump istration’s decision to enforce this law puts undocumented immigrants in a tough position. If they choose to , they must give the federal government detailed information that could be used against them, including how they entered the country. On the other hand, if they refuse to on purpose, they could face criminal charges, arrest, prosecution, and the risk of deportation.

Outdated laws are being used against immigrants

One possible reason for bringing back the registration rule is the expectation that people will , effectively turning themselves in by itting they entered the country illegally. However, the Trump istration has a bigger goal. It claims that another purpose of this registration system is to push undocumented immigrants toward a third option: leaving the country voluntarily. The Department of Homeland Security calls this “mass self-deportation.”

These efforts, along with the istration’s use of another old law about enemy aliens and a more aggressive approach to immigration raids, are part of a larger campaign promise to create the biggest deportation program in U.S. history. In a statement from February, the department said this long-ignored law would now be enforced. The department described “mass self-deportation” as a safer option for both non-citizens and law enforcement, and it also claimed this would save money for U.S. taxpayers.

The Alien Registration Act ed in 1940 due to fears about immigrant loyalties, includes another section that makes it a crime to advocate overthrowing the government. This part of the law was used for about twenty years to prosecute people accused of ing fascism or communism. The registration part, however, was mostly unused and had not been enforced for seventy-five years. It applies to non-citizens who have been in the U.S. for thirty days or more, regardless of their legal status.

Some legal immigrants have already met this requirement. For example, immigrants who have applied for permanent residency are considered ed by the Department of Homeland Security. Additionally, some undocumented residents are already seen as ed, such as those granted “parole,” a form of protection from deportation for humanitarian reasons. Still, the Department of Homeland Security estimates that up to 3.2 million immigrants are currently uned and could be affected by this new enforcement.