By Kari Jacobson
FAIR
On February 25, Homeland Security Secretary Kristi Noem announced that the Department would begin enforcing longstanding provisions of the Immigration and Nationality Act (INA) that require all aliens to register with the federal government within 30 days of entering the country. Aliens who fail to register with the federal government, leave the country if they are here illegally, or notify the government of a change of address are subject to criminal penalties.
Enforcing Our Laws
Noem’s action stems from an Executive Order signed by President Trump on his first day in office. The Order, entitled “Protecting the American People Against Invasion,” explicitly directed the Department of Homeland Security (DHS) and the Department of Justice (DOJ) to “take all appropriate action” to ensure that aliens comply with longstanding registration requirements under INA Section 262 (8 U.S.C. 1302). Under Section 262, all aliens who (1) are fourteen years or older; (2) were not registered and fingerprinted through the visa application process (or under the 1940 Alien Registration Act); and (3) remain in the United States for 30 days or longer, are required to apply for proper registration with the federal government and be fingerprinted.
The President’s Executive Order also directed DHS and DOJ to ensure that aliens who fail to comply with these requirements are treated as priorities for civil and criminal penalties set forth under 8 U.S.C. 1306. Specifically, aliens who willfully fail to register and be fingerprinted may be fined up to $1,000, imprisoned for up to six months, or both. And aliens who fail to notify the federal government of changes of address could be fined up to $200, imprisoned for up to 30 days, or both.
Aliens who use fraudulent means to obtain registration or attempt to produce counterfeit registration certificates are also subject to penalties. Any alien who files an application for registration containing fraudulent statements or attempts to obtain registration for themself or another person through fraud may be fined up to $1,000, imprisoned for up to six months, or both. These aliens are also subject to removal upon conviction. Aliens who attempt to counterfeit registrations could be fined up to $5,000, imprisoned for up to five years, or both.
Streamlining the Process
To carry out the President’s directives, U.S. Citizenship and Immigration Services (USCIS) is establishing a new form and online registration process that enables aliens to immediately comply with the existing registration requirements. According to USCIS, the new process is aimed at making registration more accessible to aliens who “had no direct way in which to register and meet their obligation under INA 262.” The agency goes on to note that under the new process, “No alien will have an excuse for failure to comply with this law.”
Importantly, USCIS notes that many aliens have already registered with the federal government, even if they didn’t realize it at the time. This includes many illegal aliens. For example, any alien who has been issued a document deemed as evidence of registration under 8 CFR 264.1(b), including Arrival-Departure Records, Green Cards, and Employment Authorization Documents, or has provided fingerprints as pursuant to certain regulations, is already registered. Other classes of aliens already registered 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, even if the period of admission has expired;
- All aliens present in the United States who were issued immigrant or nonimmigrant visas prior to arrival;
- Aliens whom DHS has placed into removal proceedings;
- Aliens issued an Employment Authorization Document;
- Aliens who have applied for lawful permanent residence, even if the application was denied; and
- Aliens issued Border Crossing Cards.
Almost all aliens not included in the above list – including illegal aliens – must register.
Conclusion
According to DHS, enforcing this longstanding statute will help to ensure compliance with our immigration laws and is critical to cutting down on illegal immigration. Tricia McLaughlin, a DHS spokeswoman, underscored this point, noting that, “President Trump and Secretary Noem 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. The Trump administration will enforce all our immigration laws—we will not pick and choose which laws we will enforce. We must know who is in our country for the safety and security of our homeland and all Americans.”
The enforcement of the alien registration requirements is the most recent in a continued effort by the Trump administration to deter illegal immigration and ensure that our immigration laws are properly enforced. A streamlined registration process and enforcement of penalties for noncompliance will be critical in carrying out the administration’s mission to secure our borders, remove illegal aliens, and put a stop to illegal immigration.
