美国国土安全部(Department of Homeland Security)宣布,它正在创建一个在线数据库,旨在跟踪非法居住在美国的14岁以上移民,这引起了移民权利团体和移民法律专家的担忧。
DHS周二在一份新闻稿中表示,未经授权在美国的移民必须在一个跟踪他们的数据库中登记信息,以努力“迫使”自我驱逐出境。
然而,截至周三,登记处尚未设立。美国公民和移民服务局的一个网页指导需要注册的移民在该机构创建一个在线账户。
DHS在一份声明中誓言“使用一切可用的工具迫使非法外国人自我驱逐”,称未能登记和提交指纹的人可能面临罚款和监禁。
“唐纳德·特朗普总统和国土安全部部长克里斯蒂·诺姆向那些在我们国家非法居留的人发出了一个明确的信息:现在就离开。如果你现在离开,你可能有机会回来享受我们的自由,实现美国梦,”DHS发言人周二在一份声明中说。“特朗普政府将执行我们所有的移民法律——我们不会挑选和选择我们将执行的法律。为了我们国土和所有美国人的安全,我们必须知道谁在我们的国家。”
DHS表示,它援引了《移民和国籍法》中一项已有几十年历史的条款,该条款要求在美国的14岁以上移民进行登记,这些移民没有被采集指纹或登记,并且已经在美国停留了30天以上。
“从历史上看,我们知道,每当一个政府表示将根据国籍、种族、宗教或任何其他不变的特征建立登记册时,我们都必须保持警惕,因为公民自由和公民权利的巨大损失肯定会随之而来,甚至可能更糟,”国家移民法律中心政策副总裁海蒂·奥尔特曼说。
911袭击后,乔治·w·布什政府建立了一个名为“国家安全出入境登记系统”的系统,该系统要求某些非公民(主要来自穆斯林占多数的国家和朝鲜)进行登记。
“就像特朗普在这里设想的登记系统一样,它是在国家安全或公共安全问题的幌子下建立的,最终只会削弱被锁定的社区的公民权利,并分离社区,”奥尔特曼说。“大约有83,000人被迫通过NSEERS进行登记,其中数千人被驱逐出境。”
未满14岁且之前未登记的无证移民的父母和法定监护人也必须注册该数据库。
美国移民局网站称,根据特朗普政府的登记,18岁以上的移民将获得证明,证明他们已经登记,他们“必须随时携带和持有”。
美国移民委员会的法律主任米歇尔·拉普安特说,这一要求引发了人们的担忧,担心这将成为一种新的“出示证件”式的法律。
“这里有一些真正的公民自由问题,”拉普安特告诉美国广播公司新闻。“它最终会根据执法部门对他们种族的看法以及执法部门基于此对人们的移民身份做出的假设来诱捕人们。”
“所以,这是真正的滥用机会,因为这基本上是建立一个系统,人们必须出示他们的文件-向执法部门出示他们的文件,以证明他们的地位,”她继续说。
拉普安特说,DHS还威胁未登记者要坐牢,尽管未经授权进入该国并不总是会受到监禁的惩罚。
“外国人不登记是一种犯罪,可能导致罚款,监禁,或两者兼而有之,”周二的新闻稿说。
在许多情况下,未经授权进入美国是一种民事犯罪,通常会受到驱逐而不是监禁的惩罚。
随着特朗普政府继续加大驱逐力度,美国移民律师协会政府关系高级主任格雷格·陈(Greg Chen)表示,很少有人会选择登记。
“我不认为很多人会站出来登记,因为他们会太害怕,如果他们登记了,他们就会被迅速驱逐出境,因为政府正在制定一项激进的大规模驱逐出境计划,”陈说。
DHS registry for migrants in US illegally raises alarm from immigration advocates
Immigrant rights groups and immigration law experts are raising concerns after the Department of Homeland Security announced that it is creating an online database designed to keep track of migrants over the age of 14 who are living in the country illegally.
Migrants who are in the United States without authorization must register their information in a database that tracks them in an effort to "compel" self-deportation, the DHS said in a press release on Tuesday.
However, the registry had not been set up as of Wednesday. A U.S. Citizenship and Immigration Services webpage instructed migrants who are required to register to create an online account with the agency.
Vowing to "use every available tool to compel illegal aliens to self-deport," a DHS statement said people who fail to register and submit fingerprints could face fines and imprisonment.
"President [Donald] Trump and Secretary [of Homeland Security Kristi] Noem have a clear message for those in our country illegally: leave now. If you leave now, you may have the opportunity to return and enjoy our freedom and live the American dream," a DHS spokesperson said in a statement on Tuesday. "The Trump administration will enforce all our immigration laws—we will not pick and choose which laws we will enforce. We must know who is in our country for the safety and security of our homeland and all Americans."
The DHS said it's invoking a decades-old section of the Immigration and Nationality Act that requires registration from migrants over the age of 14 who are in the United States, who have not been fingerprinted or registered, and who have been in the country for more than 30 days.
"Historically, we know that we have to sit up and pay attention anytime a government says it's going to set up a registry on the basis of national origin or race or religion or any other immutable characteristic, because dramatic losses of civil liberties and civil rights are sure to follow and potentially worse," said Heidi Altman, vice president of policy at the National Immigration Law Center.
Following the 9/11 attack, President George W. Bush's administration set up a system known as the National Security Entry-Exit Registration System, which required registration from certain noncitizens -- mostly from Muslim-majority countries and North Korea.
"Like the registry system that Trump is envisioning here, it was set up under a guise of national security or public safety concerns that, in the end, only served to eviscerate civil rights for the communities that were targeted and to separate communities," Altman said."There were about 83,000 people who were forced to register through NSEERS and many thousands of them were put in deportation proceedings."
Parents and legal guardians of undocumented immigrants who are under 14 years of age and have not previously registered would also have to sign up to the database.
Under the Trump administration's registry, immigrants over the age of 18 would be issued proof that they've registered that they "must carry and keep in their possession at all times," the USCIS website said.
That requirement is stoking fears that this would be a new "show me your papers" type of law, said Michelle Lapointe, legal director for the American Immigration Council.
"There are some real civil liberties issues here," Lapointe told ABC News. "It will end up ensnaring people based on law enforcement's perceptions of their race and assumptions that law enforcement makes about people's immigration status based on that."
"So, there's real opportunity for abuse, because this is essentially setting up a system where people have to produce their papers -- show their papers to law enforcement to prove their status," she continued.
Lapointe said that the DHS is also threatening jail time for failing to register, even though being in the country without authorization isn't always punishable by imprisonment.
"An alien's failure to register is a crime that could result in a fine, imprisonment, or both," Tuesday's press release said.
In many cases, being in the country without authorization is a civil offense and would typically be punishable by removal instead of incarceration.
As the Trump administration continues to ramp up its deportation efforts, Greg Chen, senior director of Government Relations for American Immigration Lawyers Association, said that few people may choose to register.
"I don't think many people are going to come forward and register, because they're going to be too afraid that if they register, they're simply going to be deported rapidly, given the aggressive mass deportation plan that administration is setting up," Chen said.