Immigrants without legal status now must register with the United States federal government and carry papers with them at all times after a U.S. District Court ruling on Thursday.
Known as the Alien Registration Requirement (ARR), the move by the Trump administration enforces a previously underused element of immigration law. Failure to comply could lead to criminal and civil prosecution.
Why It Matters
President Donald Trump has overseen a tightening of immigration policies since his return to the White House, after running on a promise of deporting millions of illegal immigrants.
Immigration advocates have warned the ARR could lead to the removal of thousands of immigrants who have lived and worked in the U.S. for years without legal status.
What Is the Alien Registration Requirement?
The Department of Homeland Security (DHS) announced it was introducing the requirement in February, with a short period of time for feedback. The move was challenged in the courts, but Thursday’s ruling allowed the rule to come into effect as planned on April 11.
It is thought anywhere between 2.2 million and 3.2 million people over the age of 14 are in the U.S. without registering with the government—something they now must do.
The United States Citizenship and Immigration Service (USCIS) says that “all aliens 14 years of age or older who were not registered and fingerprinted (if required) when applying for a U.S. visa and who remain in the United States for 30 days or longer.”
Once an immigrant has done this, then DHS will issue them with evidence of their registration, which must be carried at all times.
Which Immigrants Must Register?
Technically, all immigrants have to register with the U.S. government, but many already have because they applied for visas, green cards, or asylum or refugee status, or they have one of these statuses already.
Immigrants who have been issued work authorization, or even been placed into removal proceedings by Immigration and Customs Enforcement (ICE) are also registered already.
USCIS says that anyone who has not applied for a visa, been issued one of the above documents, or been fingerprinted by immigration officials must now register, including:
- Immigrants who crossed either the U.S.-Mexico or U.S.-Canadian border illegally
- Canadian visitors who entered via a port of entry but did not receive any evidence of registration
- Immigrants who submitted benefits requests to USCIS, such as deferred action (DACA) or Temporary Protected Status (TPS), who were not issued evidence of registration
Parents and legal guardians must register children over 14-years-old. When an undocumented child turns that age, they must be registered within 30 days.
What Happens If an Immigrant Doesn’t Register?
USCIS says that any immigrant who “willfully fails or refuses to apply to register or be fingerprinted,” or parents/guardians who fail to register children, will be guilty of a misdemeanor.
If found guilty, this could lead to a fine of up to $5,000 or a prison sentence of up to six months.
While the ARR is being viewed as a targeted move towards those not registered already, the legal requirement to carry documentation technically applies to all immigrants.
A USCIS spokesperson told Newsweek that registration does not mean legal status or work authorization, while Secretary of Homeland Security Kristi Noem said in February that registering could facilitate deportation and legal re-entry at a later date.
White House press secretary Karoline Leavitt said Friday those who fail to register face deportation with no option to return.
Immigrants Must Use New G-325R Form
To enable the ARR to take full effect, USIS created a new form for illegal immigrants to fill out—G-325R. Individuals must create an online account with USCIS and then fill out an electronic version of the form.
Immigrants must fill out their personal details, such as name, date and place of birth, gender, and nationality. Their current U.S. address and employment history is also included, as well as marital and family history, and past immigration statuses.
The form is online and, unlike many other USCIS forms, does not require a fee.
What People Are Saying
Emma Winger, deputy director of litigation at the American Immigration Council, told Newsweek in a statement: “We are disappointed with the ruling, but the case will continue. We remain very concerned that the new registration requirement will cause fear and confusion. Among other things, we are very worried that this new rule, which requires millions of people to always carry specific immigration documents and present them to law enforcement on demand, will open the door to harassment and discrimination.”
Secretary of Homeland Security Kristi Noem at Thursday’s Cabinet meeting: “The alien registration act has been in place long enough, those individuals that are here illegally, if they haven’t registered they can be charged criminally and face fines up to $1,000 a day and face deportation.”
Nicholas Espíritu, deputy legal director at the National Immigration Law Center, in a press release March 31: “History has shown us the dangers of forcing scapegoated community members to register with the government. Trump’s registration rule is ripped right out of the authoritarian playbook, and in the past this road has led to internment and concentration camps. All of us must reject this horrific attempt to criminalize, entrap, and spread more fear and chaos in our neighborhoods. Make no mistake, the Trump administration’s registration scheme threatens not only the freedom of immigrants, but our collective freedom – and we will not let history repeat itself.”
American Immigration Lawyers Association (AILA) Executive Director Benjamin Johnson in a press release in February: “This new registration requirement is only going to create more chaos and confusion and will result in criminalizing people who are otherwise law-abiding members of communities all over this country.”
What Happens Next?
The ARR came into effect April 11, with immigrants who have yet to register having 30 days to do so.
Read the full article here
