Inside Trump’s New Immigrant Registry—And the Legal Fight to Expose It
The policy resurrects the Smith Act of 1940. Critics say it’s bait for mass deportation. DHS won’t turn over documents. Now they’re being sued.
The government watchdog group American Oversight has filed suit against the Department of Homeland Security (DHS) and three of its immigration agencies for allegedly stonewalling public records requests tied to a controversial Trump administration registration program targeting undocumented immigrants.
MIGRANT INSIDER is sponsored by
The complaint, filed July 24 in the U.S. District Court for the District of Columbia, accuses DHS, Customs and Border Protection (CBP), Immigration and Customs Enforcement (ICE), and U.S. Citizenship and Immigration Services (USCIS) of violating the Freedom of Information Act (FOIA) by failing to release records about the enforcement of Executive Order 14159—President Trump’s “Protecting the American People Against Invasion” order signed on his first day back in office.
The suit centers on the Trump administration’s revival of the Alien Registration Act of 1940 (the Smith Act), a statute infamous for its role in the mass registration and eventual internment of Japanese Americans during World War II. Under EO 14159 and a subsequent DHS interim final rule, all noncitizens over the age of 14 who were not previously fingerprinted when applying for visas and who remain in the U.S. for 30 days or more must now register using Form G-325R. Noncompliance, DHS warns, could result in criminal penalties.
MIGRANT INSIDER is sponsored by
According to the complaint, USCIS began implementing the policy on April 11, 2025, directing noncitizens to submit the form and then report to biometric collection centers—Application Support Centers—where ICE and USCIS officers could question or detain them. American Oversight alleges this policy is being used as a tool to entrap immigrants and accelerate deportations, despite administration claims that enforcement focuses only on dangerous individuals.
“That is just a smokescreen,” the complaint states. “The policy is one aimed at scaring people and facilitating immigration raids”.
American Oversight submitted five FOIA requests between February and April 2025 seeking internal emails, legal guidance, directives, and policy documents related to the implementation of EO 14159 and the associated registration rule. As of the date of the lawsuit, none of the agencies had produced responsive documents or issued final determinations—even after invoking 10-day response extensions in each case.
The nonprofit alleges DHS and its components failed on two counts: conducting reasonable searches for records and disclosing non-exempt documents as required by FOIA. It is seeking a court order compelling immediate production of responsive materials, as well as attorneys’ fees and costs under FOIA’s fee-shifting provision.
MIGRANT INSIDER is sponsored by:
“DHS’s exploitation of noncitizens’ efforts to comply with immigration laws by appearing at these locations belies the Administration’s claims that their mass deportation agenda focuses on dangerous criminals,” the complaint says.
The case highlights growing alarm over the Trump administration’s use of rarely enforced wartime statutes to pursue mass removal goals. According to the complaint, arrests have surged at USCIS field offices, immigration court lobbies, and check-ins for ICE’s Alternatives to Detention program. Most of those detained, it says, have no criminal records.
The lawsuit requests that DHS and its agencies conduct immediate, comprehensive records searches and turn over all responsive, non-exempt records related to the immigrant registration program. American Oversight also seeks declaratory and injunctive relief to prevent continued unlawful withholding.
Liked this story? Help us break the next one. Migrant Insider is one of the only outlets digging deep into the secret machinery behind U.S. immigration policy. Our reporting is independent, relentless, and often uncovers what others won’t touch.