‘A lose-lose situation’: Trump administration registry leaves Santa Cruz County’s undocumented community in a bind

Para leer el artículo en español, haga clic aquí.

Editor’s note: This article has been corrected.

As an immigration attorney, Matthew Weisner always recommends that his clients follow the law as closely as possible. But with the move by the Trump administration to launch a federal registry for undocumented immigrants, local advocates like Weisner are trying to make sense of a change that’s creating more fear and uncertainty within the immigrant community. 

The Trump administration announced last week that it’s creating a registry for undocumented immigrants in the United States. Those who fail to register could face fines or criminal charges. 

“Unfortunately, this is going to put them in a difficult situation where they’re basically facing, on one side, criminal penalties, and on the other side disclosing this information that puts themselves at risk,” said Weisner, whose office is located in Santa Cruz. 

Under this mandate — included in one of Trump’s executive orders from his first day in office — undocumented residents age 14 and older are required to register their fingerprints and address with the Department of Homeland Security. The requirement applies to any immigrant who’s been in the country for 30 days or more. 

The requirement relies on an existing law — the Alien Registration Act of 1940, enacted during World War II — that had not been enforced in a long time. The current requirements also come from the Immigration and Nationality Act of 1952, such as outlining that immigrants need to register if they’ve been in the country for more than 30 days and criminal penalties if not followed. 

Those who choose not to register their fingerprints with DHS could face serious penalties, Weisner said; undocumented immigrants could face fines up to $1,000 or up to six months in jail. This is a provision that’s never been enforced broadly on a criminal level, said Weisner. 

All immigration attorneys can do is explain to their clients what the law is, how it works and how it may apply to them so they can make their own decisions, said immigration attorney Lizett Rodriguez Peña. While her office is located in Hollister, Rodriguez Peña has clients across Santa Cruz, San Benito and Monterey counties.

The statute to enforce criminal penalties for failing to register has always been there, said Rodriguez Peña. It just wasn’t enforced because there was no place for people to register, she said, which made it difficult for the federal government to enforce the law. 

“The difference now that it’s being enforced is this new administration is actually saying, ‘We will have a platform for you to register for it,’” said Rodriguez Peña. It’s also giving authority to other departments, like the Department of Justice, to proceed with criminal charges if someone fails to register. 

Choosing whether or not to follow the requirement puts undocumented residents in a tough position, Weisner said. DHS has been transparent about using the information from the registry for enforcement purposes, he said, and the policy is intended to encourage undocumented immigrants to self-deport, or leave the country voluntarily. “It’s a lose-lose situation for many people,” said Weisner.

“They want to create fear. They want to create instability.”

Anyone who has previously been fingerprinted by the federal government is considered already registered under the law and would not need to resubmit their information, according to the American Immigration Council. Those who do not have full legal status, but were issued documents such as a work authorization permit, a border crossing card or a notice to appear in immigration court are already compliant with the requirement. 

Deferred Action for Childhood Arrivals (DACA) recipients are also compliant, Rodriguez Peña said. Those with pending DACA or green card applications that have not been processed are not registered, she said, because they have yet to provide fingerprints. 

There is no information on how people should register, but undocumented residents are being directed by DHS to create an online account on the U.S. Citizenship and Immigration Services website. DHS will issue evidence of registration once registered, which individuals over 18 will need to carry on them, said Rodriguez Peña. 

It’s hard to tell if the requirement to register could be blocked by a federal court – as with Trump’s attempt to end birthright citizenship – since the change relies on existing laws, said Rodriguez Peña. 

California Attorney General Rob Bonta’s office said in a statement provided to Lookout that it’s reviewing the order and will monitor its implementation closely. “This new order is yet another action the Trump administration is taking to implement an indiscriminate, destructive immigration agenda, sowing fear across our communities,” Bonta’s office added. 

In a written statement to Lookout, Rep. Jimmy Panetta called the registration directive impractical and unreasonable. These tactics will force people to live in fear of deportation and discourage them from participating in their daily lives, said Panetta. 

The only other modern system to enforce an immigration registry was created post-9/11. The National Security Entry-Exit Registration System required male immigrants — primarily from Muslim or Arab countries — age 16 and older to register personal information with DHS. 

That program, meant to stop terrorists from entering the country, did not lead to any terrorism-related arrests. It was suspended in 2011, and dissolved by DHS officials in 2016, during the Obama administration, for being ineffective and outdated.

__

FOR THE RECORD: The photo and caption that originally accompanied this article may have led to inaccurate implications about the workers depicted or their employer. No such implications were intended. Lookout regrets the error.

__

Have something to say? Lookout welcomes letters to the editor, within our policies, from readers. Guidelines here.