A federal immigration registration requirement effective April 11 directs all non-citizens 14 years or older to share personal and immigration history information and be fingerprinted if they are staying in the U.S. for more than 30 days, according to U.S. Citizenship and Immigration Services.
Aligned with a Jan. 20 Trump administration executive order, the policy primarily applies to people who are undocumented and have not previously made contact with immigration authorities and minors who entered the U.S. as dependents.
“The Trump administration will enforce all our immigration laws — we will not pick and choose which laws we will enforce,” said Kristi Noem, secretary of Homeland Security, in an April 11 press release.
Students are encouraged to consult an immigration attorney or a Department of Justice-accredited representative during registration, according to a policy brief by the Presidents’ Alliance on Higher Education and Immigration, an organization convening university leaders and immigration law experts. However, students who cannot access an attorney should know that information disclosed to the government can be used in any way deemed fit, immigration attorney Faye Kolly said.
“I would encourage students to look for the questions that are asked on that registration process, and weigh that against the risk of possible future action against them from U.S. immigration authorities, versus the applying for a future benefit,” Kolly said. “If they qualify for something in the future and they don’t register, that may come back to affect that process.”
People with immigration benefits such as green card holders and non-immigrant visas like student visas are considered already registered, according to U.S. Citizenship and Immigration Services. However, the agency said registration does not grant any immigration benefits, provide legal status or work authorization.
Kolly said the registration requirement has been in place for a long time, but the difference now is implementation. The policy requires all people over the age of 18 to carry proof of registration issued by DHS at all times. Kolly said this is important, especially for international students.
“If someone is stopped by immigration authorities, they certainly can exercise their constitutional rights against unlawful search and seizure and the right to remain silent,” Kolly said. “Those things don’t change irrespective of your immigration status.”
In Texas, there are an estimated 56,535 undocumented students in higher education, according to data from the Higher Education Immigration Portal. An estimated 19,137 higher education students are eligible for the Deferred Action for Childhood Arrivals program. DACA recipients are not required to register as they are already compliant, Kolly said.
Both compliance and non-compliance with registration have risks, Kolly said. The policy outlines penalties for non-compliance, including the possibility for criminal and civil enforcement. Registration may expose people to immigration enforcement including deportation, detention or criminal prosecution, according to the alliance.
While the registration process has traditionally included a requirement for non-citizens to report an address change within 10 days of moving, Kolly said there can now be a fine up to $5,000 or 30 days of imprisonment for failing to comply.
“That’s important for students to know, because they move around a lot,” Kolly said. “Their address ends for the semester, and they may go away for the summer and come back to a new address. They need to make sure to keep that address updated.”
