Illegal Aliens Seek Less Effective Tracking System

FAIR shows injunction would be against the public interest

WASHINGTON—Yesterday, the Federation for American Immigration Reform (FAIR) filed a brief in the DC Circuit Court of Appeals opposing an effort by illegal aliens and anti-borders activist organizations to derail the Trump administration’s new version of the alien reporting system.

Since 1940, aliens—including illegal aliens—living in the United States have been required by law to register with the federal government. In the interests of efficiency, the Trump Administration has moved the registration process online. Plaintiffs seek to enjoin the online form, claiming it will harm them by making it easier for the government to track and deport illegal aliens, and will force them to reveal First Amendment activity that may subject them to retaliatory deportation.

In its brief, FAIR shows that the harms plaintiffs allege do not outweigh the overwhelming public interest, which the new online form serves, in more effective and efficient immigration law enforcement. Indeed, the deportation of illegal aliens cannot even be recognized by a court of law as an injury to those deported, because it results from their own illegal activity.

As for the First Amendment, FAIR shows that unlawful selective enforcement of even criminal laws based on free speech cannot exist unless the defendant was arrested without probable cause. Deporting aliens because they admit they are unlawfully present on online forms meets a far higher standard than probable cause.

“Naturally, illegal aliens and groups that serve them would rather aliens not be tracked efficiently by the government,” said Christopher J. Hajec, deputy general counsel of FAIR. “But that doesn’t provide them with any legal argument. We hope the court sees that lawbreakers have no right to less effective law enforcement, and denies relief.”

The case is Coalition for Humane Immigrant Rights v. DHS, Nos. 25-5152, 25-5233, 25-5247 (DC Circuit).