Trump Administration Enforces Old Immigration Rule, Mandates Legal Status Proof for All Non-Citizens

Non-citizens residing in the United States, whether they are on H-1B work visas, F-1 student visas, or other legal permits, are now required to carry proof of their legal immigration status at all times. This requirement comes under a new directive from the Donald Trump administration, which became effective on April 11. The directive is part of a broader executive order titled ‘Protecting the American People Against Invasion’ and is intended to intensify immigration enforcement efforts, with the potential for deportation targeting individuals lacking legal status.

This latest move is essentially a stricter application of a pre-existing law. The foundation of the policy lies in the Alien Registration Act of 1940, a law that required immigrants to register with the U.S. government. Although it existed for decades, the rule was not enforced consistently. The new directive revives this old requirement under what is now being called the Alien Registration Requirement (ARR), implementing clearer timelines and harsher penalties for non-compliance.

Under the updated regulation, all non-citizens who are 14 years or older and have been living in the U.S. for over 30 days must register using Form G-325R. For children under 14, parents are responsible for registering them. Additionally, new immigrants must complete registration within 30 days of entering the U.S. Failure to comply could lead to penalties such as fines, jail sentences, or a combination of both. Any change in residential address must be reported to the authorities within 10 days. Furthermore, children who turn 14 must re-register and submit their fingerprints within 30 days.

This rule is particularly significant for Indian nationals and other legal immigrants living in the United States. There are approximately 5.4 million Indians in the country, among whom around 220,000 are believed to be undocumented. Legal residents such as H-1B visa holders and international students are not required to fill out the registration form again since they are already officially registered. However, they are still expected to carry documents that confirm their legal status.

“This measure intends to enhance national security by ensuring that all individuals in the country are properly documented,” said Aurelia Menezes, a partner at King Stubb & Kasiva, Advocates and Attorneys, in a statement to Business Standard. She also noted, “It also seeks to prevent fraudulent activities and improve the enforcement of immigration laws.”

Non-compliance with this rule carries serious consequences. Individuals who fail to carry or produce their immigration documents when required could face a fine or even a jail term of up to six months. Importantly, registration alone does not shield individuals from deportation. If a person’s immigration documents are missing, expired, or otherwise deemed invalid, they may still be subject to removal from the country.

“All non-citizens 18 and older must carry this documentation (registration proof) at all times,” said Kristi Noem, Secretary of the Department of Homeland Security. “The administration has directed the Department of Homeland Security (DHS) to prioritise enforcement. There will be no sanctuary for noncompliance.”

To reduce the risk of legal troubles, Menezes advised Indian immigrants and other non-citizens to take several precautionary steps. These include ensuring that all immigration documents are valid, storing the originals in a safe place, and carrying either clear or notarised copies. She also recommended that if immigration officers attempt to take original documents, individuals should ask for proper identification and request a written explanation detailing who took the documents and why. If necessary, they should ask for a lawyer.

Further guidance on handling encounters with U.S. immigration officers has been provided by Abhisha Parikh, a U.S.-based immigration attorney. In a recent social media post, she listed several key actions for individuals to remember if stopped by immigration enforcement officials:

1. Remain calm and avoid fleeing the scene.
2. Inquire whether you are free to leave, and if permitted, walk away.
3. Request to see a badge, since ICE agents may wear uniforms labeled “police.”
4. Exercise your right to remain silent.
5. Do not resist or attempt to grab personal belongings without permission.
6. Refuse to consent to any searches unless the agents present a valid judicial warrant.
7. You are not obligated to answer questions about your immigration status.
8. S. citizens are not required to carry proof of citizenship.
9. Undocumented immigrants have the right to request a lawyer and decline to answer questions.
10. Immigration and Customs Enforcement (ICE) agents cannot detain anyone based solely on race or ethnicity.
11. Create an emergency plan with family members in case of arrest or detention.
12. Never sign any documents without consulting a legal expert.

In the unfortunate event that an individual is arrested, they should ask for a lawyer immediately. It is vital to remain silent and avoid making any statements until legal counsel is present.

This new enforcement drive reflects the Trump administration’s broader stance on immigration, one that aims to tighten rules and enhance scrutiny of non-citizens living in the U.S. Even though the registration requirements themselves are not new, the emphasis on enforcement and the increased consequences for non-compliance signal a more aggressive approach.

Legal experts believe the directive may add pressure and confusion among immigrant communities, particularly those who have lived in the U.S. for years under valid status. Even individuals who are fully compliant with visa and registration requirements now face the added burden of carrying documentation with them wherever they go.

Despite concerns over the potential for racial profiling and civil liberties violations, administration officials argue that the measure is necessary for national security and law enforcement purposes. While undocumented immigrants remain the primary target, the rule’s broader application means that all non-citizens, including those lawfully present in the country, must be cautious.

In summary, the newly enforced Alien Registration Requirement is a stark reminder that even longstanding immigration laws can be brought back into action under changing political priorities. Legal immigrants are advised to remain vigilant, prepared, and informed to avoid unnecessary complications under the evolving regulatory environment.