New US Immigration Rule Raises Concerns Among Indian Diaspora. What Is Alien Registration Act?

If immigrants in the United States are not carrying their identification and immigration documents on them, they may now face penalties.

The Donald Trump administration has begun enforcing a rule stating that anyone who has resided in the US for more than 30 days must register with the government and carry proof of registration at all times for checks and inspections.

Photo Credit: https://x.com/KristiNoem

This stricter rule came into effect on April 11, following a federal judge's dismissal of a legal challenge against it on April 10.

Although individuals with Green Cards and valid visas for work or study are already registered, legal experts have advised that, amid the current immigration crackdown, they too should keep their documents on hand.

"All aliens 18 years of age and over in the United States required to register under INA 262, including but not limited to those who register using this new process, must carry and have in their personal possession evidence of their registration at all times," states the website of the US Citizenship and Immigration Services (USCIS).

What is the rule on mandatory registration in US?

In a statement issued on 11 April, the US Department of Homeland Security (DHS) said: "Today, DHS Secretary Kristi Noem reminded all foreign nationals present in the United States longer than 30 days that the deadline to register under the Alien Registration Act is coming up 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."

The statement continued: "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 Secretary Noem.

Essentially, the Trump administration is now enforcing a law that has technically existed for decades, though it has rarely been applied since the Second World War.

What's the background?

According to the USCIS website, the Immigration and Nationality Act (INA), section 262, states that all aliens aged 14 and over, who were not registered and fingerprinted (if required) when applying for a US visa and who remain in the US for 30 days or more, must register and be fingerprinted.

"Similarly, parents and legal guardians of aliens below the age of 14 must ensure that those aliens are registered. Within 30 days of reaching his or her 14th birthday, all previously registered aliens must apply for re-registration and to be fingerprinted."

During his campaign, one of Trump's key promises was to clamp down on illegal immigration.

Soon after taking office, he issued Executive Order 14159, Protecting the American People Against Invasion, on January 20, directing the DHS to rigorously enforce the registration rule. The order mandated that failure to comply with the registration requirement would be "treated as a civil and criminal enforcement priority."

The order faced a legal challenge from non-profit organisations such as the Coalition for Humane Immigrant Rights Los Angeles (CHIRLA), United Farmworkers of America, Make the Road New York, and CASA.

The plaintiffs argued that the directive had been issued without prior public notice or opportunity for comment. They also stated the rule places people who entered the US illegally-often to escape hardship or reunite with family-in a vulnerable position, forcing them to either turn themselves in to an administration intent on deporting them, or live in constant fear of being discovered.

The federal court, however, dismissed their appeal, ruling that the organisations lacked standing to challenge the directive.

"As organisations, many of their harms are too speculative, and they have failed to show that the Rule will erode their core missions," the court stated.

What happens next?

The USCIS has released a list of individuals already registered. This includes: "Lawful permanent residents; Aliens paroled into the United States under INA 212(d)(5), even if the period of parole has expired; Aliens admitted to the United States as nonimmigrants who were issued Form I-94 or I-94W (paper or electronic), even if the period of admission has expired; All aliens present in the United States who were issued immigrant or nonimmigrant visas before their last date of arrival; Aliens whom DHS has placed into removal proceedings; Aliens issued an employment authorisation document; Aliens who have applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, I-700, and provided fingerprints (unless waived), even if the applications were denied; and Aliens issued Border Crossing Cards."

For Indian immigrants, individuals who entered the US legally are likely covered under one or more of these categories.

Those not registered include "...aliens who crossed the border illegally; Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration; and Aliens who submitted one or more benefit requests to USCIS not listed in 8 CFR 264.1(a), including applications for deferred action or Temporary Protected Status who were not issued evidence of registration listed in 8 CFR 264.1(b)."

For these categories, the USCIS "has established a new form, G-325R, Biometric Information (Registration), and an online process by which unregistered aliens may register and comply with the law", or face fines and imprisonment.

It's also important to highlight that registration in itself does not offer any additional immigration benefit. "Registration is not an immigration status, and registration documentation does not create an immigration status, establish employment authorisation, or provide any other right or benefit under the INA or any other U.S. Law," the USCIS website states.