United States v. Guerrero
2:25-cr-00096
E.D. La.May 19, 2025Background
- Five defendants, each individually charged, were accused of willfully failing or refusing to file an application for alien registration under 8 U.S.C. § 1306(a).
- The cases were consolidated for preliminary probable cause hearings, as the government charged them via bills of information unsupported by usual probable cause submissions.
- The relevant statutory framework dates back to the Alien Registration Act of 1940 and was carried forward into the Immigration and Nationality Act (INA) of 1952, but, for decades, no prescribed method existed for undocumented aliens to register.
- Following a 2025 Executive Order, the Department of Homeland Security created Form G-325R in March 2025, establishing—for the first time since 1950—a mechanism for unregistered aliens to comply with the registration mandate (effective April 11, 2025).
- Legislative history highlighted Congress's intent that “willfully” in the statute required some subjective knowledge or intent to evade the law, not merely a technical failure to register.
- The court found that, until April 2025, no form or process existed for these defendants to comply, and there was no evidence they had knowledge of a registration requirement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Meaning of "willfully" under § 1306(a) | Any failure to register is willful | Law requires subjective knowledge/intent | Defendants – knowledge and intent required |
| Possibility of compliance with registration | Defendants could use existing forms | No suitable method existed until April 2025 | Defendants – compliance impossible prior to G-325R |
| Sufficiency of the probable cause evidence | Illegality of entry suffices | No evidence of defendants' knowledge/intent | Defendants – no probable cause shown |
| Statutory complexity and rule of lenity | Registration duty not complex; no lenity | Complexity/lenity require strict construction | Defendants – strict mens rea and lenity apply |
Key Cases Cited
- Bryan v. United States, 524 U.S. 184 (Supreme Court precedent interpreting "willfully" as requiring knowledge of unlawful conduct)
- Ratzlaf v. United States, 510 U.S. 135 ("Willful" can require specific knowledge in highly technical statutes)
- United States v. Arditti, 955 F.2d 331 ("Willfulness" construction depends on context)
- United States v. Kay, 513 F.3d 432 (Three context-dependent meanings for "willfulness" in criminal law)