United States v. Vasquez
2:25-cr-00111
E.D. La.May 19, 2025Background
- Five defendants were separately charged in federal court for willfully failing to file an application for alien registration as required by 8 U.S.C. § 1306(a).
- Historically, a gap existed in the regulatory scheme: while law required certain aliens to register, no designated form or process existed for those who entered the U.S. without inspection.
- A new registration form (Form G-325R) was only made available as of April 11, 2025, following an executive order and DHS regulatory action.
- The court consolidated the cases and held probable cause hearings to determine whether defendants' failures were willful.
- Defense counsel requested, and the court granted, Rule 5.1 preliminary hearings over government objection.
- The court ultimately dismissed the charges for lack of probable cause.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether "willfully" in §1306(a) requires subjective knowledge | Government: Any failure after illegal entry is "willful"; no special intent needed | Defendants: "Willful" means actual knowledge of and intent to violate duty to register | Court: Requires knowledge of duty and deliberate evasion |
| Whether the government demonstrated probable cause for "willful" failure | Government: Entry and non-registration suffice to show probable cause | Defendants: No proof they knew of requirement; no means to comply prior to April 2025 | Court: No probable cause; no evidence of willfulness |
| Whether regulatory scheme allowed these defendants to register | Government: Other registration forms/processes were available | Defendants: No form/process existed until April 2025 for people in defendants' status | Court: No means to comply until April 2025 |
| Whether ambiguous statutory language must be construed in favor of defendant | Government: Statute is clear; lenity does not apply | Defendants: Ambiguity requires rule of lenity in their favor | Court: Ambiguity supports strict reading in defendants' favor |
Key Cases Cited
- Bryan v. United States, 524 U.S. 184 (interpretation of "willfully" in federal criminal statutes; context-dependent and often requires knowledge of unlawfulness)
- Ratzlaf v. United States, 510 U.S. 135 ("willfully" under a technical statute means defendant must know conduct is unlawful)
- United States v. Arditti, 955 F.2d 331 (discussion of the meaning of willfulness in criminal law)
- United States v. Kay, 513 F.3d 432 (levels of mens rea for "willful" conduct in a complex regulatory scheme)
- Lok v. Immigration & Naturalization Serv., 548 F.2d 37 (statutory complexity in immigration law)