‘Aliens in US must register within 30 days’: What is this rule, how it will affect Indian immigrants

While those with Green Cards and valid visas to work or study are already registered with the government, given the crackdown against immigrants, legal experts said it is advisable for them too to carry their documents with themselves.

“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,” the website of the US Citizenship and Immigration Services (USCIS) says.

What is the US rule about mandatory registration?

In a statement issued on April 11, the US Department of Homeland Security (DHS) said, “Today, DHS Secretary Kristi Noem reminded all foreign nationals present in the United Stated 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.”

Basically, the Trump administraion is demanding compliance with a rule that has been around for decades, but rarely enforced since World War II.

What is the background?

According to the website of the USCIS, the Immigration and Nationality Act (INA), section 262, says that all aliens 14 years of age or older who were not registered and fingerprinted (if required) when applying for a US visa and who remain in the United States for 30 days or longer, must apply for registration and fingerprinting. “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.”

When Trump was campaigning, one of his major promises had been a crackdown on illegal immigration. Soon after coming to power, he on January 20 issued Executive Order 14159, ’Protecting the American People Against Invasion’, which directed the DHS to enforce the registration rule strictly. Failure to comply with the registration requirement was to be “treated as a civil and criminal enforcement priority.”

This order was challenged in court by some non-profits, including Coalition for Humane Immigrant Rights Los Angeles (CHIRLA), United Farmworkers of America, Make the Road New York, and CASA. The plaintiffs argued that the new directive was issued without public notice and opportunity for comment. They also said that the rule puts people who entered the US illegally — often to escape difficult circumstances or to join their families — in a precarious situation, as they now have to either declare themselves to an administration happy to deport them, or live in fear of detection everyday.

The federal court, however, dismissed their plea, on the grounds that the plaintiffs didn’t have the standing to challenge the rule. “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 held.

So what happens now?

The USCIS has issued a list of the categories of people already registetred. This include “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 authorization 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, people who entered the US legally would be covered in 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 such categories of people, 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 risk fines and jail.

It is also important to note that the registration does not confer any additional benefit. “Registration is not an immigration status, and registration documentation does not create an immigration status, establish employment authorization, or provide any other right or benefit under the INA or any other U.S. Law,” the USCIS website says.