DOJ’s unconstitutional registry rules trap some Californians in a bind

In 2006, Congress passed the Sex Offender Registration and Notification Act, or SORNA, requiring people convicted of sex offenses to register with their states. While the statute sets out a detailed framework—including offense tiers, registration periods, and a list of required information—it still grants the U.S. Attorney General broad authority to fill in many critical details, such as additional registration requirements and how the law applies even when a state has vacated the conviction, granted a Certificate of Rehabilitation, or removed the person from its registry. Giving away so much power is a clear violation of the non-delegation doctrine and separation of powers.

But SORNA’s constitutional failings don’t end with the law itself: The rules promulgated under it are rife with due process violations. In December 2021, the Attorney General issued a sweeping new rule dramatically expanding SORNA’s reach. It required anyone who has been convicted of a sex offense to register with the state where they live and to provide certain information as part of their registration. Failing to do so is a federal crime.

There is no exception for those who have had their convictions expunged—and therefore their duty to register lifted under state law. There are thousands of Californians who fit this description. Not only are they not required to register, but California will not permit them to register.

Even then, the new rule still would have considered the failure to do so a federal crime, leaving these individuals with the constant threat of a federal prosecution against them. If the DOJ prosecutes them, they must go into court and affirmatively prove that it was impossible for them to register.

The Constitution’s due process guarantees require the government to bear the burden of proving that someone broke the law. It cannot transfer that burden to the accused by requiring that they affirmatively prove they did not.

Represented by PLF free of charge, three John Doe plaintiffs and the Alliance for Constitutional Sex Offense Laws (ACSOL) challenged Congress’ unconstitutional delegation of authority to the Attorney General in SORNA and the due process violations of the rules he subsequently promulgated.

On April 9, 2026, Judge Jesus Bernal agreed with our argument that the rules violate due process and granted a permanent injunction. The federal government is now barred from prosecuting any California resident under SORNA without first obtaining certification from the State of California that the individual is required to register under state law—and that California law permits them to provide the required information. The Constitution demands no less.