Q#1: What is the new Alien Registration Requirement?
A#1: The Trump Administration has resurrected a 1940’s law stating that every foreign national present in the United States for more than 30 days must be registered and fingerprinted. Although this law has been on the books for years, it has not been regularly enforced for almost a century. This new registration process went into effect on April 11th and likely affects many foreign nationals currently in the United States.
Q#2: Who is required to register?
A#2: Any immigrant that enters the United States that plans to stay longer than 30 days must register before the 30 days end. This includes Canadians who entered legally that were not issued an I-94 form, anyone who entered the US legally or illegally and has remained in the US, and children who turn 14 years old while inside the United States that will remain for more than 30 days thereafter.
Q#3: Who is already considered “registered”?
A#3: People who are already registered include Green Card holders, people granted Parole, Non-Immigrants with a valid I-94 Form, anyone with a Non-Immigrant Visa, a Work Permit (including those with DACA), people with Border Crossing Cards, and anyone who is already in Deportation/Removal Proceedings.
Q#4: What if I entered unlawfully and have never had lawful status?
A#4: This new requirement requires you to register as a non-citizen, however, registering is likely to result in the person being detained and placed into deportation proceedings.
Q#5: What if I fail to register?
A#5: Failing to register may result in civil and criminal penalties, akin to the civil and criminal penalties that already exist for persons who entered the United States illegally or re-entered the United States illegally after a removal order. If you fail to register and are detained, you will likely be placed into deportation proceedings.
Q#6: What happens if I don’t register and carry proof of my registration?
A#6: Persons that are 18 years or older must carry proof of being registered and fingerprinted, those that fail to do so could be charged with a misdemeanor, accompanied by a fine and 30 days in jail. Thereafter, they will likely be placed into deportation proceedings.
Q#7: Should I register?
A#7: Anyone inside the United States needs to make their best effort to follow the law. However, prior to registering they should be informed of the steps, the legal risks, and their rights under the law. Therefore, consulting with an Immigration Attorney prior to registration will ensure the proper steps are followed, any ramifications are known, and advance preparations are made before proceeding.
Eamonn P.S. Roach is an attorney of the firm Roach & Bishop, LLP in Pasco, Washington, who practices immigration law. This information does not constitute legal advice. It is possible that this information does not apply to you. Each case depends on specific facts. If you have questions regarding the immigration laws that you would like answered in this column, please send them to: Eamonn P.S. Roach, 9221 Sandifur Pkwy, Suite C., Pasco, WA 99301, phone: (509) 547-7587, fax: (509) 547-7745; or email eroach@roachlaw.com.
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