- Suit claims regulation violates Administrative Procedure Act
- Requirement would go into effect starting April 11
A Trump administration rule requiring millions of non-citizens to register with the federal government violated the Administrative Procedure Act, a coalition of immigrant advocacy organizations said in a new lawsuit Monday.
The Department of Homeland Security issued the requirement in an interim final rule March 12, using a World War II-era statute to require registration with the government or risk prosecution. The rule goes into effect April 11.
The registry requirement is arbitrary and capricious and violates notice-and-comment requirements under the APA, the United Farm Workers and Coalition for Humane Immigrant Rights argued in a complaint filed in the US District Court for the District of Columbia. The groups were joined by Make the Road New York and CASA Inc.
Establishing the registry system would give the administration another tool to carry out President Trump’s immigration crackdown and make more people subject to arrest and deportation. Immigrants who have submitted a range of documents, including many without lawful status, would be considered registered under the rule. But it would put pressure on unauthorized immigrants to disclose their presence to the government or risk criminal prosecution.
The plaintiffs are represented by the American Immigration Council, American Civil Liberties Union Foundation Immigrants’ Rights Project, and Robert F. Kennedy Human Rights.
Michelle LaPointe, legal director at the the American Immigration Council, said the 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 any time they leave the house and be prepared to show them to law enforcement on demand, at risk of being arrested,” she said in a statement. “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.”
DHS Spokesperson Tricia McLaughlin said in a statement that unauthorized immigrants should “leave now.”
“If you leave now, you may have the opportunity to return and enjoy our freedom and live the American dream,” McLaughlin said. “The Trump administration will enforce all our immigration laws—we will not pick and choose which laws we will enforce. We must know who is in our country for the safety and security of our homeland and all Americans.”
The case is Coal. for Humane Immigrant Rights v. DHS, D.D.C., No. 1:25-cv-00943, 3/31/25.
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