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New FOIA on migrants potentially avoiding the draft could open new deportation predicate: attorneys

A prominent government accountability organization is set to submit a Freedom of Information Act (FOIA) request to the U.S. Selective Service System (SSS) to obtain information on undocumented immigrants who failed to register for the draft, thereby committing a felony.

The Oversight Project, led by executive director Mike Howell, emphasized that this action is not an endorsement of illegal immigrants serving in the military. Under the Military Selective Service Act of 1917, all males in the United States aged 18-26 are required to register with the SSS, with non-compliance carrying the penalty of felony conviction and a $250,000 fine.

Furthermore, the McCarran-Walter Act of 1952 designates failure to register with the SSS as a deportable offense. Despite the SSS website explicitly stating that undocumented immigrants must register for the draft, a passage on the site also claims that the agency does not collect or share information on an individual’s immigration status.

The Oversight Project’s FOIA request points to a 2023 SSS report to Congress that documented 23,249 registrations from the U.S. Citizenship and Immigration Services (USCIS) but lacked data from other agencies responsible for handling illegal immigration and asylees, such as ICE and the Office of Refugee Resettlement.

In an interview, Howell and attorney Kyle Brosnan highlighted the stagnant SSS registration numbers during the current administration, despite a noticeable increase in military-aged males apprehended at the border and subsequently released by immigration authorities. This discrepancy suggests widespread non-compliance among undocumented individuals.

The FOIA request seeks to uncover whether the SSS, under the Biden administration, deliberately overlooked the issue of undocumented immigrants failing to register for the draft due to political reasons. Howell and Brosnan believe that unveiling this information could potentially support former Border Czar Thomas Homan’s mass deportation initiatives.

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By utilizing the legal repercussions of felony charges and deportation for non-registration with the SSS, the Oversight Project aims to explore new avenues for immigration enforcement. The FOIA request requests a variety of data from the SSS to determine the extent of non-compliance among asylum seekers and undocumented immigrants.

The Oversight Project plans to distribute copies of the request to key government officials, including Homan, Secretary of State Marco Rubio, and DHS Secretary Kristi Noem. This initiative could have far-reaching implications for immigration enforcement and national security.

Charles Creitz is a reporter for Fox News Digital, covering media, politics, and culture. He holds a B.A. in Broadcast Journalism from Temple University and can be reached at charles.creitz@fox.com for story tips.

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