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.
As of April 11, the new registration rule will now be in full effect. Consult with a trusted immigration attorney to better understand your status along with how this registration may effect you.
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.
The current administration has said that with this new registration requirement they will use it as a tool against undocumented migrants. If you are undocumented you may face the risk of deportation, detention, prosecution, or even being pressured to leave the country.
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However, there are outdated, rarely enforced federal laws dating back to WWII requiring noncitizens 14 or older to register with the government within 30 days of arrival.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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The government states that all who entered the nation without permission and have not had any contact with any immigration authorities must register.
The new policy states that adults and children who are 14 years and older must be registered. The government also suggests registering your children who are under the age of 14.
Finally the administration states that you must also register if you are a non-citizen and have moved addresses within the past 10 days.
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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-765/766 (Work Permit) – for those authorized to work, including people with TPS, DACA, or pending asylum cases.
I-485 Application for Status as a Permanent Resident.
I-698 - Application to adjust from Temporary to Permanent Resident.
I-590 - Registration for Classification as a Refugee
I-862 - Notice to Appear
I-863 - Notice of Referral to Immigration Judge
Many immigrants within the United States who do not have full legal status have one or more of the documents and considered “registered”. 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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Any DACA and TPS recipient as well as those who were granted asylum, who have received and Employment Authorization Document are considered register. An Employment Authorization Document is one of the many documents within the guidelines that is said to be a valid proof of registration with the authorities.
However, the government does not consider an application for DACA, a DACA grant, TPS or for asylum as a form of registration. The rule states that if you are granted any of these benefits, but have not received and Employment Authorization Document, then you must register.
Those with advanced parole through DACA or TPS, but do not have and Employment Authorization Document may already be deemed as registered.
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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.