The Trump Administration’s Registration Requirement for Immigrants

Under an interim final rule published on March 12, the Trump administration is set to reanimate a provision of U.S. immigration law that has essentially been dormant for decades: a requirement for all immigrants who did not enter with a visa to register with the federal government after their arrival, and carry proof of their registration with them.

The administration has issued a new form for immigrants who are not already registered to submit—however, many immigrants, including those who lack formal legal status, are already considered registered. (Please see the section below on “Who the Registration Process Will Affect” for a full discussion of who needs to register.)

The administration is using this registration process, which will become law effective April 11, alongside federal criminal law—which makes it a crime for immigrants to fail to register or fail to carry proof of registration. In doing so, the Trump administration is giving itself another tool to use against immigrants: the threat of criminal prosecution.

The registration requirement will force many people in the United States—including those who entered without inspection and have had no contact with the federal government during their years living in American communities—to make a choice between two options that both carry serious risk. Many others, such as immigrants who are already deemed registered—which includes both many undocumented immigrants and many who have legal status in the United States—will face a risk of prosecution if they fail to carry registration papers with them at all times.