Understanding the New Immigrant Registration Requirement
On February 25, the Trump administration announced that it will require all immigrants who did not enter the country with a visa, to register with the federal government and carry proof of their registration.
Due to this newly enforced law, the Trump administration can use the threat of criminal prosecution against those who do not follow the recent enactment.
The registration requirement will force many people in the United States—including those who entered without inspection and have had no contact with the federal government during their years living in American communities—to make a choice between two options that both carry serious risk. Those who have been in contact with the federal government and are “registered” will face a risk of another type of prosecution—if they fail to always carry registration papers with them.
Two major impacts:
Who is affected? Many immigrants are already considered registered, including those with work permits or in deportation proceedings. But those who entered without inspection and have had no contact with the government could now be at risk.
The risk of enforcement. If an immigrant submits a registration form, they could be targeted for deportation. If they do not, they might face criminal charges. The policy also raises concerns that all registered immigrants—regardless of legal status—could be penalized for not always carrying proof of registration.
We highly recommend speaking with an immigration attorney before making any decision about registering, as it may carry serious legal consequences.
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Historically, being in the U.S. without legal immigration status is not a crime—it is a civil violation that can lead to deportation. Efforts to make it a federal crime, like the 2005 Sensenbrenner bill, have failed.
However, there are outdated, rarely enforced federal laws dating back to WWII requiring noncitizens 14 or older to register with the government within 30 days of arrival. Failure to do so or failing to show proof of registration when asked by federal agents, can result in criminal penalties. Why it is outdated and not enforced is because there are no clear guidelines to follow the law, and no form or way to meet the requirements for mass registration.
The Trump administration is now reviving these laws by creating a new registration process. This change allows the government to start enforcing penalties for failing to register, putting unauthorized immigrants in a tough position.
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Some immigrants are already considered “registered” under federal law if they have been fingerprinted and issued certain immigration documents. These individuals will not need to be registered again under the new process but may need to carry proof of their status to avoid criminal charges.
Documents that count as registration include:
I-94 (Arrival-Departure Record) – for people admitted with visas, those paroled into the U.S., or those granted permission to leave without deportation proceedings.
I-95, I-184 – permits for crew members arriving by air or sea.
I-185, I-186 – border crossing cards for certain Canadian and Mexican citizens.
I-221, I-221S, I-862, I-863 – documents issued to individuals in deportation or removal proceedings.
I-551 (Green Card) – for lawful permanent residents.
I-765 (Work Permit) – for those authorized to work, including people with TPS, DACA, or pending asylum cases.
Many immigrants within the United States who do not have full legal status have one or more of the documents and considered “registered”. Others considered registered are immigrants with work permits, those under Temporary Protected Status, others that fall under DACA, and many asylum applicants. People who have been paroled in the country are also registered even if the period has expired.
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Immigrants without any of these documents may be unregistered. This includes:
People who entered without inspection and have never had contact with immigration authorities.
Those who applied for benefits like TPS or DACA but haven’t been fingerprinted or approved.
This group may include millions of people who previously had no way to register.
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The new legislation will force “unregistered” immigrants to choose between two risky and difficult decisions. First, choosing to submit the new form may put you at risk of being placed in a removal proceeding. Second, choosing not to submit a form may put you at risk for future criminal prosecution for failing to comply.
Furthermore, those who are considered registered are still at risk of criminal prosecution if they fail to always carry proof of their registration with them.
It is important that those who may be affected by this policy contact a reputable immigration lawyer to better understand their rights and how their situation could be affected by their choice to register or not.
During these times of uncertainty, it is important to remember the rights that you possess.