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The United States government, under the Trump administration, began enforcing a decades-old rule requiring non-citizens residing in the country for more than 30 days to register with the government and carry proof of registration at all times. This measure, stemming from the Immigration and Nationality Act (INA), mandates that “aliens” over the age of 18 who were not previously registered and fingerprinted during the visa application process, must now comply or face potential fines and imprisonment. The enforcement of this rule, which had been largely dormant since World War II, came into effect on April 11th after a federal judge dismissed a legal challenge against it. This decision has sparked concerns among immigrant communities and advocacy groups who view it as a tool to further the administration's crackdown on both legal and illegal immigration. The original aim of the act was likely to monitor foreign populations within the country. However, the current interpretation is perceived as a means to identify and potentially deport undocumented immigrants. The policy requires anyone over 18 who wasn’t fingerprinted during visa application, to register, even if they have a valid visa. This also includes parents and legal guardians of children under 14. The USCIS states that the new rule requires that 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. Secretary Noem stated that, “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”.
The legal challenge against the enforcement of this rule was brought forth by several non-profit organizations, including the Coalition for Humane Immigrant Rights Los Angeles (CHIRLA), United Farmworkers of America, Make the Road New York, and CASA. Their argument centered on the claim that the directive to strictly enforce the registration rule was issued without proper public notice and opportunity for comment, violating established administrative procedures. Moreover, they contended that the rule places undocumented immigrants, who often enter the United States to escape dire circumstances or reunite with family, in an untenable position. These individuals now face the dilemma of either declaring themselves to an administration known for its aggressive deportation policies or living in constant fear of detection and potential removal. However, the federal court ultimately dismissed the challenge, asserting that the plaintiffs lacked the standing to sue. The court reasoned that the alleged harms to the organizations were too speculative and that they had failed to demonstrate how the rule would erode their core missions. This decision effectively cleared the way for the Trump administration to proceed with the enforcement of the registration requirement.
The USCIS has clarified which categories of individuals are already considered registered, including lawful permanent residents, individuals paroled into the United States, nonimmigrants with valid visas, those in removal proceedings, and those who have applied for lawful permanent residence. Indian immigrants who entered the US legally would be covered by one or more of these categories. The USCIS has also specified those who are not considered registered under the existing system. These include individuals who crossed the border illegally, Canadian visitors who entered the United States at land ports of entry without proper documentation, and individuals who submitted benefit requests to USCIS not specifically listed in the relevant regulations. For these unregistered individuals, the USCIS has created a new form, G-325R, Biometric Information (Registration), and an online process to facilitate compliance with the law. However, it is crucial to note that registration does not confer any additional immigration benefits or protections. According to the USCIS website, “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.” This clarifies that the registration is purely a matter of compliance and does not grant any further privilege. Given the current political climate and the increased focus on immigration enforcement, it is advisable for all immigrants in the US, even those with valid documentation, to carry proof of their legal status at all times to avoid potential complications or delays.
The implications of this revived rule are far-reaching and potentially detrimental to immigrant communities. By requiring registration and the constant carrying of documentation, the government is effectively creating a climate of fear and suspicion. Undocumented immigrants, already vulnerable, will be further marginalized and forced to live in the shadows. Even those with legal status may face increased scrutiny and potential harassment. The resources required to process and manage this registration system will likely be substantial, diverting funds from other critical areas. Moreover, the rule raises concerns about potential discrimination and profiling based on national origin or ethnicity. While the stated intention is to ensure compliance with immigration laws, the actual impact may be to further alienate and marginalize immigrant communities, undermining their integration into American society. The government's actions are rooted in 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 situation also raises questions about the balance between national security and individual rights. While governments have a legitimate interest in knowing who is within their borders, the methods used to achieve this goal must be proportionate and respectful of fundamental human rights. The revived registration rule, with its potential for discrimination and its chilling effect on immigrant communities, appears to be a heavy-handed approach that may not be justified by the purported security benefits. The court's dismissal of the legal challenge, while based on technical grounds, is disappointing. A more thorough examination of the potential harms to immigrant communities and the procedural irregularities in the rule's enforcement would have been warranted. Ultimately, the long-term consequences of this policy remain to be seen. However, it is likely to further exacerbate tensions surrounding immigration and raise fundamental questions about the kind of society the United States aspires to be.
The enforcement of this rule serves as a potent reminder of the ongoing debate surrounding immigration policy in the United States. It underscores the deep divisions within American society regarding the treatment of immigrants and the role of government in regulating immigration flows. The rule highlights the importance of due process and the need to protect the rights of all individuals, regardless of their immigration status. It also underscores the need for a more comprehensive and humane approach to immigration reform that addresses the underlying causes of migration and provides pathways to legal status for those who contribute to American society. The history of immigration law in the U.S. is long and complex, and this current rule fits into this longer historical trend of regulating and controlling entry to the country. The key question is whether this is the most effective way to do this.
Source: ‘Aliens in US must register within 30 days’: What is this rule, how it will affect Indian immigrants