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Original Date Announced
February 25, 2025As part of its push to "compel[] mass self-deportation," DHS Secretary Noem announced that DHS will “fully enforce the Immigration and Nationality Act, which created multiple tools to track illegal aliens and compel them to leave the country voluntarily." Sec. Noem specifically pointed to criminal penalties for noncitizens who willfully fail to depart the United States (8 USC § 1253(a)(1)), fail to register with the federal government and be fingerprinted (8 USC § 1306(a)), or fail to apprise the federal government of changes to their address (8 USC § 1306(b)). Violations may result in fines, imprisonment, or both.
The announcement comes after DHS launched a domestic and international ad campaign encouraging self-deportation and discouraging noncitizens outside the country from unlawfully entering.
Trump 2.0 [ID #1574]
2025.02.25 DHS Announces Agency Will Enforce Laws That Penalize Undocumented ImmigrantsSubsequent Trump and Court Action(s)
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April 19, 2025
Reported: In apparent first in Phoenix, feds charge migrant for not declaring his unlawful presence in US - Arizona Republic
The Arizona Republic reports that federal prosecutors have charged Eduardo Prado Flores, an undocumented individual, with a misdemeanor offense of failing to register (8 U.S.C. § 1306), invoking the long-dormant requirement that certain noncitizens in the U.S. register with the federal government. Federal Magistrate Judge Deborah Fine stated from the bench: "If this is all the United States has . . . I have concerns about putting my signature on this," citing Ninth Circuit precedent that the failure to register statute requires prosecutors demonstrate an individual willfully failed to register.
View Document
Current Status
NoneOriginal Trump Policy Status
Status: Final/ActualTrump Administration Action: Change in PracticeSubject Matter: EnforcementAgencies Affected: DHSAssociated or Derivative Policies
- January 20, 2025 EO 14159 § 5 directs DOJ with DOS and DHS to prioritize criminal prosecutions related to unauthorized entry or continued unauthorized presence
- January 20, 2025 EO 14159 § 7 directs DHS to publicize and prioritize registration of noncitizens
- January 20, 2025 EO 14159 § 8 directs DHS and Treasury to assess and collect civil fines and penalties from unlawfully present noncitizens and others
- January 20, 2025 EO 14159 § 12 Directs DHS, DOS, and DOJ to Encourage "Aliens Unlawfully Present in the United States" to Voluntarily Depart
- February 17, 2025 DHS announces domestic and international advertising campaign encouraging self-deportation and discouraging potential migrants from coming to the U.S.
Documents
Trump-Era Policy Documents
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