Immigration

Bay Area reacts to judge allowing Trump plan requiring everyone in the US illegally must register

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Many across the Bay Area are on edge after a federal judge sided with the Trump Administration allowing the White House to require anyone in the U.S. illegally to register with the federal government. Jocelyn Moran reports.

Many across the Bay Area are on edge after a federal judge sided with the Trump Administration allowing the White House to require anyone in the U.S. illegally to register with the federal government.

San Jose immigration attorney Andrew Newcomb said many of his clients are confused about how the ruling pertains to them.

"For example, someone that came in with deferred action, they were not lawfully inspected and admitted so in spite of the fact that they already have a case they're renewing before a USCIS, they actually would be required to register," he said. "The analysis for a particular person on whether it makes sense to number 1 and whether its legally required number 2 is individual and case-specific.”

Understanding the federal registration requirements for illegal immigrants
Friday was the dealine for many undocumented immigrants in the county to register with the United States Citizenship and Immigration Services. This comes after a federal judge sided with the Trump Administration allowing the White House to require anyone in the U.S. illegally to register with the federal government. NBC Bay Area's Raj Mathai spoke with Telemundo 48 Reporter Andres Brender and immigration attorney Andrew Newcomb to understand the details.

To register, people have to create an account on the United States Citizenship and Immigration Services website. It's something Newcomb said is not easy to do.

"[This] already is very difficult for people over a certain age, they have to go through a process, fill out a form which is called the G325 and go through and eventually get paperwork submitted back and then carry it with them at all times," Newcomb said.

The current requirements stem from the Immigration and Nationality Act of 1952, but it has only been enforced in rare circumstances.

  • Resignation will be mandatory for everyone 14 and old without legal status
  • Anyone registering has to provide fingerprints and an address
  • Parents and Guardians of anyone under the age of 14 must ensure they are registered. This process also applies to Canadians who are in the U.S. for more than 30 days.
  • Those registered will also be required to carry the registration documents or risk prison time and fines.

"These cases wouldn’t come up in an immigration court context, they would have to be brought in a federal court, and just in terms of resources and particularly in a state like California, it is very difficult to imagine that large numbers of people are going to be brought up on charges of failing to have their registration documents," Newcomb said.

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