Proof of legal status must now be carried at all times by all immigrants in the United States (US), including those who are there lawfully on a work or study visa.
The Donald Trump administration made this announcement after a US judge granted it permission to implement a controversial regulation that requires undocumented immigrants to register with the government and carry identification.
The regulation, introduced as part of Trump’s executive order ‘Protecting the American People Against Invasion’, was implemented on April 11. It underscores the Trump administration’s continued push to crack down on undocumented immigrants and ramp up deportations.
The Alien Registration Requirement (ARR) stems from the Alien Registration Act of 1940, which mandated immigrant registration but saw inconsistent enforcement. The new rule aims to change that with stricter implementation, reported India Today.
But who exactly needs to register under this rule? Will Indian H-1B visa holders and green card holders be affected? Here's a breakdown of the new registration guidelines.
In essence, the new rule primarily affects immigrants who are unauthorised or unlawful. It is mandatory for any non-citizens over 14 who stay in the United States for 30 days or more to fill out Form G-325R and register with the authorities. Children under the age of 14 must be registered by their parents.
Additionally, individuals who arrive in the United States on or after April 11 must register within 30 days of their arrival. Noncompliance might result in fines, jail imprisonment, or both.
Those who move will be subject to a punishment of up to USD 5,000 if they don't report within 10 days.
Additionally, within 30 days of turning 14, children of immigrants must re-register with the government and provide their fingerprints.
Guidelines for H1-B Visa and Green Card Holders
Those who have a valid work or study visa or a green card, on the other hand, are regarded as having already registered and will not need to complete the form again. Therefore, overseas students, the majority of whom are Indian, or Indian nationals with an H1-B visa will not be required to register. However, they will be required to carry documentation at all times and present it upon request from authorities.
According to the report by India Today, Kristi Noem, DHS Secretary, stated, "All non-citizens aged 18 and above are required to carry this documentation (registration proof) at all times. The administration has instructed the Department of Homeland Security (DHS) to prioritize enforcement. There will be no sanctuary for noncompliance."
The United States is home to approximately 5.4 million Indians. As per data from 2022, there are around 220,000 illegal Indian immigrants in the country, making up just 2% of the total illegal immigrant population.
Does registering guarantee permission to stay in the US?
No, it does not.
According to the DHS, registration simply ensures the government is aware of your presence. If you lack the necessary legal documentation, steps will be taken to deport you. The registration form requires personal details, such as your address, information about your family, and immigration status.
Additionally, there is a section where you must disclose if you have committed any crimes, and legal action could follow based on your response. Failure to register may result in fines or imprisonment for up to 6 months.
