The Oversight Project, a government accountability group, has filed a Freedom of Information Act (FOIA) request targeting the U.S. Selective Service System (SSS). The request seeks data on illegal immigrants who have failed to register for the draft, a violation that constitutes a felony under the Military Selective Service Act of 1917. This act mandates registration for all U.S. males aged 18-26, with penalties including a potential felony conviction and a $250,000 fine. Furthermore, the McCarran-Walter Act of 1952 designates failure to register as a deportable offense. The Oversight Project emphasizes that their inquiry is not an endorsement of illegal immigrants serving in the military, but rather a pursuit of accountability and enforcement of existing laws. The group highlights the apparent contradiction between the SSS’s legal obligation to register all eligible males and its stated policy of not collecting information on immigration status.
The discrepancy arises from the SSS website, which simultaneously asserts that undocumented aliens are required to register while also claiming the agency neither collects nor utilizes information regarding immigration status, deeming it irrelevant to the registration requirement. This contradiction is further exacerbated by a 2023 SSS report to Congress. The report documents 23,249 registrations received from USCIS, the agency responsible for legal immigration, yet contains no data from agencies dealing with illegal immigration, such as ICE or the Office of Refugee Resettlement. This absence of data is particularly striking given the significant influx of military-aged males at the southern border in recent years.
The Oversight Project argues that the lack of a corresponding surge in SSS registrations suggests widespread non-compliance among undocumented immigrants, potentially amounting to a significant number of felony violations. Executive Director Mike Howell and attorney Kyle Brosnan question whether the SSS, under the Biden administration, has deliberately overlooked this issue for political reasons. They point to the SSS website’s assurances to illegal immigrants that their information will not be shared with ICE as potentially contributing to this lack of enforcement. The FOIA request aims to uncover whether the SSS has purposefully avoided addressing this issue and whether any individuals within the agency bear responsibility for the potential failure to register a substantial portion of the eligible population.
The ramifications of this investigation could extend beyond simply identifying draft avoiders. Howell suggests that the unearthed information could provide a new avenue for streamlining deportations. By highlighting the dual violation of failing to register for the draft—a felony and a deportable offense—the data could simplify legal grounds for mass deportations, potentially aligning with plans previously proposed by former Border Czar Thomas Homan under the Trump administration. This discovery could offer a more efficient and legally sound basis for immigration enforcement by leveraging existing laws and avoiding the complexities of other immigration-related legal challenges. This approach, according to Howell, could expedite the deportation process and potentially alleviate strain on ICE resources.
The potential impact of this enforcement strategy is significant. Howell posits that categorizing these individuals as felons due to their failure to register for the draft could drastically alter the landscape of immigration enforcement. This approach bypasses the need for ICE detention, as alleged violators could be prosecuted by the Department of Justice and potentially incarcerated in federal prisons. This would free up ICE resources and streamline the deportation process, potentially accelerating the removal of individuals who have not complied with SSS registration requirements.
The Oversight Project’s FOIA request seeks a comprehensive set of data points from the SSS, including information on the number of asylum seekers and illegal immigrants who have failed to register for the draft. This data will be crucial in determining the scope of the potential violations and informing potential enforcement actions. Copies of the FOIA request will also be shared with key figures involved in immigration policy and enforcement, including former Border Czar Thomas Homan, Senator Marco Rubio, and South Dakota Governor Kristi Noem, who previously served as Secretary of Homeland Security. The Oversight Project anticipates that the results of this request will shed light on a potentially overlooked aspect of immigration law and enforcement, with significant implications for future immigration policy.
