Trump’s Immigrant Registration Requirement Goes into Effect

Judge Greenlights New Immigrant Registration Requirements

This past Thursday, a federal judge allowed the Trump administration to move forward with their immigrant registration requirements outlined in Executive Order 14159, Protecting the American People Against Invasion, which officially went into effect on April 11th after being announced in February.

The requirement for all noncitizens to register with the government was already enshrined in federal immigration law through the Alien Registration Act of 1940 and the Immigration and Nationality Act of 1952. However, this requirement was mainly enforced through ports of entry and did not have a process for those who had entered the country without authorization. The new registration process expands the enforcement of these laws by providing a way for immigrants to register after they have already entered the country.

Unregistered Noncitizens Must Register

Those over 14 years old who are unregistered will have to register with the US government within 30 days of their arrival and provide their fingerprints and address. Parents are responsible for registering those under 14. Failure to register is considered a federal misdemeanor crime. After registration, noncitizens will have to carry proof of registration at all times or face fines or imprisonment.

The requirement to register mainly would apply to undocumented migrants without legal status whose entry into the US was not processed by a Customs and Border Protection Officer. Many with and without legal status may already be registered, but still must carry proof of that registration at all times (see caption for resources on proof of registration documents).

Registration Puts Noncitizens at Further Risk

For those undocumented who don’t have lawful presence, the prospect of registration puts them in a vulnerable position. If they register, they open themselves up to potential arrest and deportation. If they don’t, they open themselves up to criminal prosecution. Even noncitizens who are registered are at risk if they are found without proper documentation as proof.

This expanded enforcement of immigration law comes with the expansion of criminalization efforts targeting noncitizens. This new requirement coupled with reduced avenues of legal immigration, increased abilities of ICE enforcement, and termination of key immigration services available to those trying to navigate the complex system, serves to increase the probability that noncitizens are found in violation of immigration law and deported.

While the Lemkin Institute continues to report on important immigration policy changes, we cannot offer individualized legal advice.

If you think you may be affected by policy changes, please contact an immigration lawyer.