Alex Padilla U.S. Senator for California

WASHINGTON, D.C. — Today, U.S. Senator Alex Padilla (D-Calif.), Ranking Member of the Senate Judiciary Immigration Subcommittee, and eight Senate colleagues expressed strong disapproval of the Trump Administration’s resurrection of one of the country’s most draconian and discriminatory immigration policies: forcing immigrants to register with the federal government and carry proof of their registration at all times. The Senators urged U.S. Citizenship and Immigration Services (USCIS) leadership to reverse this harmful practice and demanded answers on how the program would be implemented. 

“The Administration has explicitly linked this revived registration requirement to enforcement efforts, empowering federal prosecutors to target immigrants who fail to comply,” wrote the Senators. “This creates a perilous dilemma for immigrants who entered the country without inspection and have had no prior contact with federal authorities. Those who register risk exposing themselves to removal proceedings, while those who refrain from registering face the threat of criminal prosecution. The policy further jeopardizes millions of immigrants—including those with lawful status—by subjecting them to penalties for simply failing to carry proof of registration.” 

“This registration policy echoes historical precedents that have been widely discredited and condemned. The Alien Registration Act of 1940 was initially implemented during World War II in a climate of fear and xenophobia, requiring noncitizens to register at post offices across the country,” continued the Senators. “Now, by dusting off and weaponizing an outdated law, the Trump administration is reviving a dangerous precedent that will undermine fundamental civil liberties, disproportionately burden immigrant communities and millions of mixed-status families, and transform America into a ‘carry your papers’ country.” 

The letter, led by Senator Edward J. Markey (D-Mass.), was also signed by Democratic Whip Dick Durbin (D-Ill.) and Senators Cory Booker (D-N.J.), Tammy Duckworth (D-Ill.), Mazie Hirono (D-Hawaii), Bernie Sanders (I-Vt.), Elizabeth Warren (D-Mass.), and Ron Wyden (D-Ore.).

The lawmakers demanded answers to questions about the implementation of this draconian plan including: 

• How does USCIS plan to implement this registration requirement, and what resources will be allocated to its implementation and enforcement? 
• What mechanisms will be in place to ensure that individuals who register are not automatically placed in removal proceedings or expedited removal? 
• What safeguards exist to prevent racial profiling and discriminatory enforcement practices in the application of this law?  
• Who will have access to any registration database and for what purposes? 

Senator Padilla is a leading voice in Congress opposing President Trump’s anti-immigrant actions and rhetoric. Last week, Senators Padilla, Durbin, Booker, and Peter Welch (D-Vt.) issued a joint statement slamming President Trump for his attempted invocation of the Alien Enemies Act of 1798, wartime law, to deport noncitizens without due process. Padilla also joined other Democratic immigration leaders in challenging the constitutional basis of President Trump’s sham “invasion” proclamation, which the President believes would allow his Administration to circumvent federal immigration law and due process. Padilla also sharply criticized Trump’s harmful executive orders targeting immigrants at the start of his second Administration.

Additionally, last week, Padilla condemned President Trump’s revival of family detention policies and urged him to reject the harmful practice. In February, Padilla denounced Trump’s transfer of immigrants from the United States to Guantánamo Bay as unlawful and demanded answers regarding these transfers. He also condemned the Trump Administration’s intended use of Bureau of Prisons facilities to detain immigrants as part of President Trump’s mass deportation agenda. Padilla also recently blasted the Trump Administration’s stop work order to organizations that provide legal services for unaccompanied children and demanded they protect Congressionally mandated legal representation for these children in the immigration system. Earlier this year, Padilla cosponsored the Born in the USA Act to effectively block the implementation of Trump’s unconstitutional executive order attempting to end birthright citizenship for certain children born in the United States, or a similar subsequent executive order. Last year, Padilla emphasized the dangers and immense economic costs of the Trump Administration’s mass deportation plans during a Senate Judiciary Committee hearing.

Full text of the letter is available here and below:

Dear Ms. Scott:

The Trump administration will soon resurrect one of the most draconian and discriminatory immigration policies in our nation’s history, forcing immigrants to register with the federal government and carry proof of their registration at all times. Bringing back this long-dormant policy is the latest salvo in the Administration’s unrelenting campaign to demonize and criminalize immigrants, treating them as threats rather than as individuals seeking opportunity and safety. By reviving a World War II-era registration law, the Administration would take us back to some of the darkest periods of our history, evoking policies that have been widely condemned for their inhumane and immoral treatment of noncitizens. The implications of this measure—both in terms of enforcement and its effect on immigrant communities—are profound, unjust, and unacceptable.

Following up on President Trump’s day-one executive order on immigration inaccurately entitled Protecting the American People Against Invasion, U.S. Citizenship and Immigration Services (USCIS) has announced that it will soon reinstate an antiquated requirement that all immigrants who did not enter the United States with a visa must register with the federal government and carry proof of their registration at all times. This provision, originally part of the Alien Registration Act of 1940, had long been rendered obsolete by subsequent immigration policies and practices. Under the new directive, USCIS will develop a registration process for affected individuals, who will then be required to submit a form confirming their presence in the United States. Those who fail to register or fail to carry proof of registration will face criminal prosecution under federal law.

The Administration has explicitly linked this revived registration requirement to enforcement efforts, empowering federal prosecutors to target immigrants who fail to comply. This creates a perilous dilemma for immigrants who entered the country without inspection and have had no prior contact with federal authorities. Those who register risk exposing themselves to removal proceedings, while those who refrain from registering face the threat of criminal prosecution. The policy further jeopardizes millions of immigrants—including those with lawful status—by subjecting them to penalties for simply failing to carry proof of registration. Any registration requirement should, at a minimum, present immigrants with a path forward to legal status, like the 1986 Immigration Control and Reform Act did. This legislation led to almost 3 million undocumented immigrants gaining legal status, many of whom ultimately became U.S. citizens.

This registration policy echoes historical precedents that have been widely discredited and condemned. The Alien Registration Act of 1940 was initially implemented during World War II in a climate of fear and xenophobia, requiring noncitizens to register at post offices across the country. Over time, the policy was integrated into routine immigration procedures, making separate registration requirements obsolete. More recently, in the wake of 9/11, the Bush administration’s National Security Entry-Exit Registration System (NSEERS) disproportionately targeted Muslim noncitizens, subjecting them to heightened surveillance and leading to mass deportations. That program was widely criticized for its discriminatory impact and ineffectiveness—having failed to produce a single terrorism conviction—and was ultimately dismantled. Now, by dusting off and weaponizing an outdated law, the Trump administration is reviving a dangerous precedent that will undermine fundamental civil liberties, disproportionately burden immigrant communities and millions of mixed-status families, and transform America into a “carry your papers” country.

To help us better understand how the Administration intends to implement and enforce its registration policy, please respond in writing by April 8, 2025 to the following questions:

1. How does USCIS plan to implement this registration requirement, and what resources will be allocated to its implementation and enforcement? Will any resources allocated to the implementation and enforcement of this registration requirement be shifted away from, or taken from, any other USCIS programs, functions, or offices?

2. What mechanisms will be in place to ensure that individuals who register are not automatically placed in removal proceedings or expedited removal?

3. The USCIS Alien Registration Requirement webpage includes among those who must register “[a]ll aliens 14 years of age or older who were not registered and fingerprinted (if required) when applying for a visa to enter the United States and who remain in the United States for 30 days or longer.” Does the Trump administration intend to prosecute children ages 14 to 17 for failing to register? Does the Administration intend to split up families if one member has failed to register?

4. How will USCIS ensure that immigrants are adequately informed about these new registration obligations? Does USCIS plan to prosecute immigrants who failed to register but were unaware of this new registration requirement?

5. What safeguards exist to prevent racial profiling and discriminatory enforcement practices in the application of this law? What training or guidance, if any, will those responsible for enforcing this requirement on the ground receive? What specific steps will you take to ensure that law enforcement does not use the new registration requirement to disproportionately target certain communities or engage in racial profiling?

6. Who will have access to any registration database and for what purposes? Under what circumstances will USCIS share data in the database?

a. Will U.S. Immigration and Customs Enforcement, or any other DHS agency, have access to and be permitted to use information in any database for immigration enforcement purposes? Will any other Department, including the Department of Government Efficiency (DOGE), have access to and be permitted to use the information in the database for any purpose?

b. Will any private companies have access to and be permitted to use the information in the database for any purpose?

c. Will any states, cities, or localities have access to and be permitted to use the information in the database for any purpose?

7. What information will be collected from immigrants who register and how will this information be stored? What safeguards will be in place to ensure that any registration database is secure from hacking or intrusion? What safeguards will be in place to ensure the protection of sensitive personal data?

8. How will this policy impact immigrants who are already registered through other means, and will they be subject to penalties for failing to carry registration documents?

9. What are the estimated costs associated with implementing this policy, and how does the Administration justify these expenditures given the significant backlog and resource constraints within USCIS?

The Trump administration’s decision to enforce this archaic law is a regressive and indefensible move that will have lasting consequences for immigrant communities and the integrity of our immigration system. We urge USCIS to immediately reconsider this misguided policy and provide Congress with a full accounting of its intended implementation and enforcement. We will continue to exercise rigorous oversight to ensure that immigrant communities are not subjected to unnecessary and punitive measures that undermine their rights and dignity.

Sincerely,

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