A long-dormant US immigration registration law is getting stricter enforcement. Here’s who Colorado attorneys say it impacts

A decades-old law requiring immigrants to register with the U.S. federal government is suddenly getting stricter enforcement, and Coloradans have questions about who it impacts and what it means for their travel.

The new Alien Registration Requirement, which originated with the Alien Registration Act of 1940 during World War II, went into effect on April 11 and requires undocumented immigrants to register their personal information and fingerprints with the Department of Homeland Security. Those 14 years and over could face fines, misdemeanor charges and incarceration for failing to comply, while those under 14 must still be registered by a legal guardian.

The requirement only applies to immigrants remaining in the United States for 30 days or longer who have not already been registered and fingerprinted when entering the country, which is traditionally a requirement for some immigration proceedings or entry processes like applying for a U.S. visa.

Once fingerprinted, the Department of Homeland Security will issue evidence of registration to all who registered. Immigrants over 18 must carry this evidence of registration on their person “at all times,” according to U.S. Citizenship and Immigration Services.

Recently registered residents aren’t the only ones who are advised to carry evidence of registration. Noncitizens who are already registered should also be carrying documents “to prove they fall into the class of aliens who are already registered” — such as a green card, an I-94 arrival/departure record, an employment authorization card or an I-485 receipt notice.

While U.S. citizens are not generally required to carry proof of registration on their person, some immigration law groups have begun suggesting keeping photocopies of the front and ID pages of U.S. passports in car glove boxes. Naturalized citizens have also been advised to carry their passport card or a copy of their naturalization certificate.

Even international tourists, who may be accustomed to leaving their passports tucked away in their hotel rooms, could soon encounter inquiries from law enforcement about their permission to be in the country, according to immigration attorney William McNamara.

“Before, you might be able to get away with leaving the I-94 in the hotel room or something,” said McNamara, who works at Elevation Law, a Colorado firm that specializes in immigration law. “Now, I wouldn’t take any risks, and I would probably advise people to carry it on them.”

A catch-22 for noncitizens

Some noncitizens in Arizona have already begun facing charges for failure to register since the requirement’s first week, according to a news release from the U.S. Attorney’s Office.

In addition to the possibility of incarceration for failing to comply with the Alien Registration Requirement, attorneys at Elevation Law believe that not registering could also lead to denial of future immigration benefits such as family petitions, waivers and forms of relief in immigration court, according to a news release from the immigration firm.

Despite the stern consequences for remaining unregistered, advocacy groups are advising immigrants to carefully weigh the risks of either decision because of the potential for the Department of Homeland Security to use the registration information for enforcement purposes. That includes locating individuals for detention or removal proceedings, which the Immigrant Legal Resource Center says has been the department’s intention from the beginning.

“The Department of Homeland Security has been clear that the central purpose of Registration is to gather information about all noncitizens and use this information to locate, apprehend and remove them as quickly as possible,” the center states on their website. “Once you register, the government will know you are here. If you do not have permission to stay, (the Department of Homeland Security) says they will take steps to deport you.”

According to Elevation Law, the information provided during registration could even be used as an admission to the criminal offense of illegal entry.

“It is a catch-22 in that there might be no good options for an immigrant in this case because if they don’t register, they could face criminal penalties … and if they do register, they could be taken into immigration detention and potentially deported,” McNamara said. “I could see how it would be a difficult decision for somebody on a personal level, but the law is the law, and the law requires that they register.”

McNamara said that although he has heard of noncitizens getting detained while being fingerprinted or performing routine check-ins in Colorado, so far he hasn’t seen it happening in connection with the Alien Registration Requirement.

Who is required to register?

In terms of who is required to register, McNamara said there’s been some confusion surrounding the purpose of the requirement and who it impacts, which is why both advocacy groups and immigration firms advise that anyone thinking about registering should first speak to an experienced immigration lawyer.

“(The requirement) basically targets undocumented people in the U.S. who have never had any contact with immigration,” McNamara said.

Immigrants living in the U.S. who meet at least one of the following criteria are already registered and don’t need to take any action at this time:

• Permanent residents
• Noncitizens who entered with a visa
• Noncitizens who entered with a parole
• Noncitizens who have applied for an I-485 residency application
• Noncitizens who have ever been issued an employment authorization card
• Noncitizens who have been placed in removal proceedings.

For Elevation Law, that means a vast majority of their clients are already registered.

“Many people will already be registered and don’t have to do anything else, that’s the important thing to know,” Peter Bakken, executive director of Western Slope-based immigration advocacy group Mountain Dreamers, said in an email. “Our recommendation to people who are wondering if they may already be registered is to first, consult this resource and second, consult with an immigration attorney if they still have questions.”

The majority of individuals who are not already registered are those over 14 years old who entered the country unlawfully. Those who have applied for Temporary Protected Status, asylum, Deferred Action for Childhood Arrivals, a I-601A waiver, a U Visa, or a I-130 petition for a noncitizen relative are not registered unless the applicant has obtained an employment authorization card under one of those statuses, according to Elevation Law.

“If someone believes that they are not registered, it will be a personal decision for each individual or family whether to register or not, based on their situation. But in those cases, our advice, again, is to talk with an immigration attorney before you register,” Bakken said.

For noncitizens present in the United States who have had no direct way to register up until this point, U.S Citizenship and Immigration Services has established a new form — the G-325R, Biometric Information (Registration) — and an online process by which unregistered aliens may comply with the law.

After creating an account and submitting the form, individuals will be fingerprinted at their local Department of Homeland Security application support center. Following the registration, all noncitizens will be required to report any changes of address within 10 days of moving or face fines of up to $5,000 or up to 30 days in jail.

U.S. Citizenship and Immigration Services makes it clear that registration “is not an immigration status” and registering “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.”