US judge clears path for immigrants’ registration rule: DHS issues stern warning – ‘even H-1Bs, students will need to carry documentation’

Show me your papers! This ‘demand’ could well be the reality that any immigrant to the US – including those who are there legally on work or study visa could now face, anytime and anywhere.
In a strongly worded statement, the US Department of Homeland Security (DHS) has stated: “All non-citizens 18 and older must carry this documentation (aka – registration proof) at all times. This administration has directed DHS to prioritize enforcement, there will be no sanctuary for noncompliance.”
A US district court judge has recently allowed the Trump administration to move forward with a contentious new rule requiring millions of immigrants to register with the federal government and carry documentation. The regulation, which comes into effect from April 11 – Friday, could have sweeping consequences for immigrants across the US.
The registration requirement primarily impacts foreign nationals without lawful immigration status (illegal or undocumented immigrants). According to DHS, there were 2.20 lakh illegal immigrants from India as of 2022. Owing to differing calculation methods Pew Research Center pegs this number at a much higher figure of 7 lakh, whereas according to the Migration Policy Institute it is 3.75 lakh. This cohort of the Indian population would be impacted by the registration-rule
According to immigration attorneys, those who entered the US on a valid visa (be it a work , study, travel visa) or hold a green card, employment authorisation document (EAD), border crossing card or a I-94 admission record are considered already registered and should not be impacted by the new registration process.
However, even such ‘already registered’ foreign nationals – such as those on an H-1B visa or even international students (a significant chunk of whom are Indians) will need to carry documentation with them round the clock. Their children will also need to re-register and submit fingerprints within 30 days of their 14th birthday, even if previously registered.
Further, any change of address is required to be reported within ten days – if it is not done the individual can be subject to a fine of up to $ 5,000 and/or imprisonment of not more than 30 days. It could also jeopardise the ability to continue to remain in the US or re-enter after travel overseas (say back to India).
In a press statement, Kristi Noem, Secretary, DHS, reminded all foreign nationals present in the US for longer than 30 days that the deadline to register under the Alien Registration Act is on April 11. This law requires all aliens in the United States for more than 30 days to register with the federal government. Failure to comply is a crime, punishable by fines, imprisonment, or both, added the press note.
“President Trump and I have a clear message for those in our country illegally: leave now. If you leave now, you may have the opportunity to return and enjoy our freedom and live the American dream,” said Noem. “The Trump administration will enforce all our immigration laws—we will not pick and choose which laws we will enforce. We must know who is in our country for the safety and security of our homeland and all Americans,” she added.
DHS has outlined the registration requirement. All those who are present in the US for 30 days or more as of April 11 (without registration evidence) are required to register immediately. Those entering the US on or after April 11 (without registration evidence) must register within 30 days of arrival. For those already considered as registered, children on turning 14 have to re-register. Parents have been asked to register minors if they remain in US for more than 30 days.
On January 20, President Donald J Trump signed executive order ‘Protecting the American People Against Invasion’ and directed DHS to enforce the ‘long-ignored’ Alien Registration Act. Subsequently, the registration rule was introduced by the DHS and US Citizenship and Immigration Services (USCIS) on March 12 as an interim final rule.
The Coalition for Humane Immigrant Rights, the American Immigration Council and others had filed a lawsuit contending that the rule violates the Administrative Procedure Act by bypassing public notice and comment procedures. They also warned of confusion and chaos stemming from the rule’s implementation.
However, the Trump administration cited a World War II-era statute as the legal basis for the rule, arguing that it simply enforces a longstanding requirement for all non-citizens in the US to register with the federal government, failing which they would be subject to fines and prosecution.
Judge Trevor N McFadden, a Trump appointee, in his order dated April 10 (a copy of which is with TOI), rejected a request from several immigration advocacy groups to block the rule, concluding that the plaintiffs lacked the legal standing necessary to pursue their case.
The fall out for the undocumented masses will be severe as registration would result in their coming on record, which in turn could lead to deportation.
Compliance requirements (Source: DHS)