Summary of the Trump Administration’s New Registration Requirement for Immigrants

On February 25, 2025, the U.S. Citizenship and Immigration Services (USCIS) announced that the Trump administration will enforce an immigrant registration requirement that has been dormant for decades. This policy mandates that all immigrants who did not enter with a visa must register with the federal government and carry proof of their registration at all times.

Key Points:

1. Who Must Register?

• Immigrants who entered without a visa and have not had contact with federal immigration authorities.

• Some immigrants are already considered registered, including those who have received work permits, have been placed in removal proceedings, or have been issued certain immigration documents.

2. Legal Risks for Immigrants:

• Failure to register could lead to criminal prosecution, including fines or imprisonment.

• Failure to carry proof of registration at all times could also lead to misdemeanor charges.

• Those who register may risk exposure to deportation proceedings.

• Those who do not register may risk criminal prosecution if caught by immigration authorities.

3. Legal Background:

• The policy is based on 8 U.S.C. §§ 1302, 1304, and 1306, which require noncitizens to register and criminalize non-compliance.

• Historically, these laws have been rarely enforced, but the new administration is now prioritizing their application.

4. Comparison to Past Policies:

• The NSEERS program (post-9/11) targeted immigrants from majority-Muslim countries for registration and led to thousands being placed in deportation proceedings.

• Unlike NSEERS, this new policy applies broadly to all immigrants who entered without inspection.

5. Community Impact & Concerns:

• Immigrant communities face increased fear and uncertainty due to the risk of deportation and prosecution.

• Legal experts warn of potential constitutional challenges and discriminatory impacts of the policy.

What Should Immigrants Do?

Given the risks associated with this policy, it is critical for affected individuals to seek legal advice before making any decisions about registration. Immigration attorneys can assess case-specific risks and provide guidance on compliance and potential legal challenges.

For more information or legal assistance, please contact our office.