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Trump Administration Enforces Long-Dormant Immigration Registration Rule
US Immigrants Now Required to Carry Registration Documents at All Times
Context: The Trump administration has begun strictly enforcing a decades-old immigration rule that requires all foreign nationals who have been in the United States for more than 30 days to register with the federal government and carry their registration documents at all times.
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- The renewed enforcement took effect on April 11, following a federal court’s dismissal of a legal challenge to the rule on April 10.
- The Department of Homeland Security (DHS) emphasised that compliance with this requirement is mandatory under the Immigration and Nationality Act (INA), Section 262.
- The DHS issued a statement reiterating that all foreign nationals who have been in the country for over 30 days must register, and failure to do so is a criminal offense, punishable by fines, imprisonment, or both.
Background of the Rule
- Section 262 of the INA mandates that all aliens aged 14 and above who were not registered and fingerprinted when applying for a U.S. visa, and who remain in the country for 30 days or longer, must complete registration and fingerprinting.
- Parents or legal guardians of children under 14 are responsible for ensuring their registration. Upon turning 14, previously registered minors must re-register and submit biometric data.
- Although this law has existed since World War II, it has rarely been enforced.
- However, as part of his campaign promise to crack down on illegal immigration, President Trump issued Executive Order 14159—Protecting the American People Against Invasion—on his first day in office, January 20.
- This order directed the DHS to prioritise the enforcement of the registration requirement as a civil and criminal matter.
Legal Challenge and Court Ruling
- Several advocacy groups, including the Coalition for Humane Immigrant Rights Los Angeles (CHIRLA), United Farmworkers of America, Make the Road New York, and CASA, challenged the directive in court.
- They argued that the administration imposed the rule without due public notice and that it jeopardises undocumented immigrants forced to choose between declaring themselves to authorities or risking daily fear of deportation.
- However, the federal court dismissed the case, ruling that the plaintiffs lacked the legal standing to challenge the regulation, stating that the harms cited were speculative and failed to show direct impact on the organisations’ core missions.
Who is Already Registered?
- According to the U.S. Citizenship and Immigration Services (USCIS), the following categories are already registered:
- Lawful permanent residents (Green Card holders)
- Aliens paroled under INA 212(d)(5), even if the parole period has ended
- Nonimmigrants with Form I-94 or I-94W (paper or electronic), regardless of visa status expiration
- Aliens issued visas before their last arrival
- Individuals in removal proceedings
- Employment authorisation document holders
- Applicants for lawful permanent residence via certain USCIS forms, regardless of application status
- Holders of Border Crossing Cards
- Most legal Indian immigrants fall under these categories and are therefore already in compliance.
Who Needs to Register Now?
- Individuals not yet registered include:
- Those who crossed the border illegally
- Canadian visitors who entered via land and received no registration documents
- Those who applied for certain benefits (like Temporary Protected Status or deferred action) but did not receive registration evidence
- To comply, such individuals must now submit a newly created form—G-325R, Biometric Information (Registration)—and complete the process online. Failure to register may lead to legal penalties, including detention and fines.
No Immigration Benefit from Registration
- It is important to note that registration does not grant legal status or benefits.
- As per USCIS, “Registration is not an immigration status, and registration documentation does not create an immigration status, establish employment authorisation, or provide any other right or benefit under the INA or any other U.S. Law.”
- In light of the increased enforcement, legal experts advise even those with valid visas or Green Cards to carry proof of registration or legal status with them at all times.
