On February 25, U.S. Citizenship and Immigration Services announced that the Trump administration will reanimate a provision of U.S. immigration law that has essentially been dormant for decades: a requirement for all aliens register with the federal government after their arrival AND carry proof of their registration with them at all times. This includes even Legal Permanent Resident Green Card holders.

The administration has ordered Federal Prosecutors to prioritize prosecuting anyone that has failed to register OR that fails to carry proof of registration at all times. 

Background...

One of the executive orders signed on the first day of the current Trump administration highlighted the registration requirement, instructing the U.S. Department of Homeland Security (along with the State Department and Department of Justice) to “ensure that all previously unregistered aliens comply” with the registration law, and to ensure that failure to comply with the registration requirement is treated as a “civil and criminal enforcement priority.” A memo sent to federal prosecutors on January 21, instructing them to prioritize criminal prosecutions for immigration-related offenses, listed the criminal registration law (sections 1304 and 1306) among those that should be prosecuted when discovered. However, in order to successfully prosecute people for failing to register, the government needed to provide a way for them to register to begin with. 

The February 25 announcement from USCIS makes it clear that process will be forthcoming. It encourages everyone who has not already been deemed registered to create a USCIS online account, which can then be used to submit the registration form when such a form is ultimately published. 

Once there is a way to register, federal prosecutors will be able to criminally charge people for the crime of failing to register or failing to carry evidence of registration with them. This will allow them to prosecute unauthorized immigrants who previously could not be criminally prosecuted. U.S. Immigration and Customs Enforcement agents may also be deputized as criminal law enforcement officers for this purpose, permitting them to arrest people on both civil immigration charges and criminal law violations. 

Federal regulations include a list of forms which are considered sufficient for registration. 

According to the USCIS announcement, anyone who has been issued one of the following documents and who has been fingerprinted by the federal government is considered “registered” under the law and will not need to submit new registration through the forthcoming process. However, they may need to carry proof of their documentation with them if they want to avoid criminal charges. 

• I-94 (Arrival-Departure Record) which covers:
  • People admitted with non-immigrant visas. 
  • People paroled into the U.S. under 212(d)(5) of INA. 
  • People who have been granted permission to depart without the institution of deportation proceedings.
• I-95, Crewmen's Landing Permit—Crewmen arriving by vessel or aircraft.  
• I-184, Alien Crewman Landing Permit and Identification Card—Crewmen arriving by vessel.   
• I-185, Nonresident Alien Canadian Border Crossing Card—Citizens of Canada or British subjects residing in Canada.   
• I-186, Nonresident Alien Mexican Border Crossing Card—Citizens of Mexico residing in Mexico.   
• I-221, Order to Show Cause and Notice of Hearing—People against whom deportation proceedings are being instituted.   
• I-221S, Order to Show Cause, Notice of Hearing, and Warrant for Arrest of Alien—People against whom deportation proceedings are being instituted.   
• I-551, Permanent Resident Card—Lawful permanent residents of the United States.   
• I-766, Employment Authorization Document—People with work permits. 
• I-862, Notice to Appear—People against whom removal proceedings are being instituted.   
• I-863, Notice of Referral to Immigration Judge—People against whom removal proceedings are being instituted. 

Many immigrants who do not have full legal status in the United States nevertheless have one or more of these documents and are thus considered registered. For example, most of the 3.7 million immigrants who are currently in deportation proceedings before an immigration judge have been issued one of the documents above. Similarly, many immigrants have work permits, including many people with Temporary Protected Status or Deferred Action for Childhood Arrivals and many asylum applicants. People who have been paroled into the United States are considered registered even if the period of their parole has expired. 

Immigrants who do not have any of these documents may be considered unregistered. This includes people who entered without inspection and have had no subsequent contact with the federal government because they have previously been unable to seek legal status or even to register a—population that may number in the millions. It also includes people who have applied for some benefits, such as TPS or DACA, but who have not been fingerprinted and whose applications have not been approved. 

The new registration policy forces "unregistered” immigrants to choose between two risky options. Choosing to submit the designated form to the federal government, once it is available, may put them at risk of being placed in removal proceedings. Choosing not to submit it may put them at risk of future criminal prosecution for failing to register if they are apprehended by ICE at a later point. 

Additionally, it raises the possibility that immigrants who are already registered—including those with legal status—may be arrested and prosecuted for failing to carry proof of their registration with them at all times or failing to provide it to law enforcement when asked. 

Immigrant communities around the United States are already living in fear of the Trump administration’s scaled-up immigration enforcement efforts. News of the registration requirement is likely to exacerbate the fear and anxiety in these communities.  

Anxiety, especially when stoked by rumors and misinformation, can strike people who are not in fact targeted by a policy; it can also terrorize people (whether targeted or not) to the point of harm for themselves and their families. During the first Trump administration, for example, early reports of a regulation restricting access to legal immigration status for use of certain government benefits (the “public charge” regulation) led to noticeable and persistent declines in the use of public benefits including food stamps and Head Start— including benefits that were not ultimately restricted by the regulation, and persisting after the Biden administration rescinded the regulation.  

The American Immigration Council is working to ensure that our communications about this issue give people relevant information to make decisions and avoid terrorizing people who are already very afraid to go about their lives.