Kara Sears
The immigration process in the United States is complex, with a variety of visas and requirements for different individuals. Recent changes in legislation, such as President Trump's Executive Order 14159, have introduced new requirements for immigrants, including the Proof of Alien Registration document. This has raised concerns about potential impacts on immigration status and due process. Understanding how new laws interact with existing immigration procedures is crucial for immigrants to protect their rights and navigate the system effectively.
| Characteristics | Values |
|---|---|
| Name of the new law | Executive Order 14159, Protecting the American People Against Invasion |
| Date of announcement | 20 January 2025 |
| Announced by | President Trump |
| Aim of the law | To ensure that aliens comply with their duty to register with the government |
| Registration process | Online process using Form G-325R, Biographic Information (Registration) |
| Registration documents | "Proof of Alien Registration" |
| Registration requirements | All aliens 14 years of age or older who were not registered when applying for a U.S. visa and who remain in the U.S. for 30 days or longer |
| Exemptions | N/A |
| Consequences of non-compliance | Criminal penalties, including fines of up to $5,000 and imprisonment of up to 30 days |
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What You'll Learn
Rights of immigrants
Immigrants to the United States have certain rights, regardless of their immigration status. These include:
- The right to refuse a search of their person or belongings without consent or probable cause.
- The right to remain silent and not answer questions about their immigration status, unless they are at a border crossing or immigration checkpoint. In these cases, agents can briefly question and visually inspect a vehicle without suspicion.
- The right to refuse entry to police or immigration agents without a warrant. A warrant of removal/deportation does not allow officers to enter a home without consent.
- The right to contact a consulate if detained by ICE, and to give your immigration number to your family so they can locate you.
- The right to not be discriminated against in employment, education, housing, and public accommodations based on race, national origin, religion, sex, disability, or age.
- The right to engage in union organizing and other labour protections, such as minimum wage and fair trade practices.
In addition, immigrants with legal status in the US have other rights, such as the right to refuse to answer certain questions at border crossings.
The Trump administration's revival of the 1940 Alien Registration Act has caused concern for immigrants' rights, as it requires all non-US citizens to register with the Department of Homeland Security and carry proof of registration. Failure to do so can result in criminal charges. This has been criticised as a means to find and deport undocumented immigrants.
It is important to note that while these rights are guaranteed under the US Constitution, there have been reports of them being violated, and lawyers have expressed concern about the potential for further violations with the increased use of phone and social media searches.
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Grounds for deportation
The US Immigration and Nationality Act (I.N.A.) outlines the grounds for deportation for non-citizens in the United States. These grounds are applicable to anyone who is not a citizen and is lawfully present in the country, including those with lawful permanent residence (green card holders) and those with nonimmigrant visas.
Some of the most common reasons for deportation include:
- Violating the terms of one's immigration status (e.g. by violating the conditions of a green card or nonimmigrant visa)
- Being inadmissible at the time of entry to the country or when adjusting one's status
- Terminating a marriage within two years of obtaining a green card through that marriage
- Committing human trafficking offenses
- Committing two or more crimes involving moral turpitude after being admitted to the US
- Committing an aggravated felony (e.g. murder or forcible rape) after being admitted to the US
- Failing to register as a sex offender when required by law
- Fleeing an immigration checkpoint at high speed
- Committing, conspiring to commit, or attempting to commit a drug crime
- Being addicted to or abusing drugs after being admitted to the US
- Committing an offense involving espionage, treason, sabotage, or sedition that is punishable by at least five years in prison
It is important to note that deportation proceedings can be complex, and consulting an experienced immigration lawyer is strongly advised to understand one's rights and options. Additionally, individuals facing deportation have certain rights, such as the right to a hearing in front of an immigration court and the right to appeal some deportation rulings.
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Visa and green card holders
The U.S. government has certain guidelines in place that allow for the deportation of visa and green card holders. For visa holders at U.S. borders or airports, customs officials can choose to deny people entry without evidence. People with visas can be deported for reasons including crime and fraud, if they overstay their visa or if they work without authorization.
For green card holders, the government must first serve them with a notice to appear, which is a charging document for immigration cases. The government lists the reasons it believes the person is deportable, and once the charging document is received, an immigration court case is initiated. The government must then show through "clear and convincing evidence" that the person can be deported. Green card holders can be deported for reasons including criminal convictions, immigration fraud, and being deemed a threat to national security.
In recent years, there has been an increase in anxiety among immigrants in the United States with legal status, including temporary visas and green cards, as the Trump administration has taken a tougher stance on immigration enforcement. There have been instances of visa and green card holders being targeted for deportation due to their support for certain political causes, such as the pro-Palestine movement, or expressing negative opinions about government policies.
It is important to note that even those with legal status can have their documentation revoked, and it is recommended to consult with an immigration lawyer to understand the specific circumstances that could lead to deportation.
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Registration requirements
The Trump administration announced a new registration requirement for undocumented immigrants on February 25, 2025, with the stated goal of the new process being to compel undocumented immigrants to self-deport. The new rule, which came into effect on April 11, 2025, is based on the World War II-era Alien Registration Act of 1940, which required non-US citizens to register with the federal government.
The new rule requires all non-citizens aged 14 and older who have not been fingerprinted or registered when applying for a US visa and who remain in the United States for 30 days or longer, to register and provide their personal information, including their addresses, to immigration officials. Parents or legal guardians of aliens below the age of 14 must ensure that those aliens are registered. Within 30 days of turning 14, all previously registered aliens must apply for re-registration and to be fingerprinted. All aliens in the United States who are required to register must carry evidence of their registration at all times and report any change of address to the United States Citizenship and Immigration Services (USCIS) within 10 days of moving.
Registration is not an immigration status and does not grant permission to stay in the United States. Once registered, the government will be aware of the person's presence in the country. If the person does not have permission to stay, the Department of Homeland Security (DHS) has stated that steps will be taken to deport them.
The DHS has also threatened that those who do not register could face criminal charges and has suggested that families leave the country voluntarily to avoid deportation or prosecution. Failure to register can result in civil and criminal penalties, including fines or prison sentences.
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Immigration checkpoints
It is important to note that agents do not need any suspicion to stop and question you at these checkpoints. However, their questions should be brief and related only to verifying your immigration status. If you are sent to a secondary inspection area, the questions asked there should be limited and routine, and they should not cause any delay to other motorists.
If you are driving and approach an immigration checkpoint, do not flee – this is a felony. You have the right to remain silent and do not have to answer questions about your immigration status. You can inform the agent that you decline to answer or that you will only answer in the presence of an attorney. If you are held for more than brief questioning, you can ask if you are free to leave.
If an agent detains you for a prolonged period, they need reasonable suspicion that you have committed an immigration offence or violated federal law for their actions to be lawful. You do not need to consent to a search of yourself or your belongings without probable cause or a warrant. If you are over 18, carry your immigration papers with you at all times.
In some countries, such as Singapore, travellers may experience heavy traffic at land checkpoints during peak travel periods. To facilitate faster immigration clearance, the use of QR codes instead of passports is encouraged.
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Frequently asked questions
The "Alien Registration Act", also known as the "Registration Requirement for Immigrants", is a law from the 1940s that requires all non-U.S. citizens, regardless of their immigration status, to register with the federal government.
If you are an undocumented immigrant, you may be required to register with the Department of Homeland Security (DHS). Failure to do so may result in detention, deportation, or legal consequences.
Yes, green card holders can be deported from the U.S. However, they have the right to plead their case in court first. Only an immigration judge can revoke a green card. Reasons for deportation include criminal convictions, immigration fraud, and drug-related convictions.
