Photo by Phil Desforges on Unsplash

Between a rock and a hard place. 

That's the position that the Trump Administration's new announcement on “alien registration” has left millions of people. The announcement utilizes a long-dormant law to require that any noncitizen who is 14 years or older, register with the Federal government and get fingerprinted. 

11 Million. That's the number of the American population that the American Immigration Council estimates is undocumented. That translates to 3.3% of the population. The registration announcement leaves undocumented immigrants with a difficult choice: either register as required and face the likelihood of removal proceedings, or don't register and face possible charges for not registering.

The new registration requirement isn't exactly ‘new', it just hasn't been put into effect for decades. The law is a World War 2 era policy, when anyone who was not a U.S. citizen was required to register with the government. The law, 8 USC 1302, states that, ‘all aliens 14 years of age or older who were not fingerprinted or registered when applying for a U.S. visa and who remain in the United States for 30 days or longer, must apply for registration and fingerprinting. Similarly, parents and guardians must ensure that their children below the age of 14 are registered. Within 30 days of reaching his or her 14th birthday, the previously registered alien child must apply for re-registration and to be fingerprinted.'

Once someone has registered and appeared for fingerprinting (unless waived), DHS (Department of Homeland Security) will issue evidence of registration, which nonimmigrants over the age of 18 must carry and keep in their possession at all times.

This re-awakened policy doesn't exactly impact any noncitizen. Any person who entered the U.S. with a visa, with a nonimmigrant visa, or with parole, has already been registered. Similarly, anyone who was issued a border crossing card, or who is in removal proceedings, is already registered. The people this announcement directly impacts are those who entered the U.S. without inspection and have never had any interaction with the Federal government. 

Who is Not Considered Registered?

Noncitizens who have not registered include:

• “Aliens who are present in the United States without inspection and admission or inspection and parole;

• 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 for Childhood Arrivals or Temporary Protected Status, who were not issued evidence of registration.”

Essentially, if you have ever applied for any kind of immigration status, you are already registered. If not, the government is directing that you must register or face criminal and civil penalties, up to and including misdemeanor prosecution and the payment of fines.

How Does Registration Work?

DHS will soon announce a form and process for undocumented immigrants to complete the registration requirement. According to USCIS, those required to register should create a USCIS online account in preparation for the registration process. Once the registration process is implemented, undocumented immigrants will submit their registration, and parents and guardians will submit registration applications on behalf of their children under 14, through their USCIS online account.

We know this is a difficult decision to make. Those who register are likely to face deportation proceedings, but those who don't register and are found out are also likely to face criminal prosecution. We are here if you would like to discuss this decision with an immigration attorney. 

You can reach us at (757) 422-8472, or send us a message on our website. You can also schedule an appointment with one of our attorneys by clicking on this link.