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Illegal immigrants must register or face jail: What Trump's order means

US Citizenship and Immigration Services (USCIS), a branch of DHS, said it would soon release a registration form and process

deported, deportation

The US is said to have identified about 18,000 Indian nationals it believes entered illegally

Surbhi Gloria Singh New Delhi

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The Trump administration on Wednesday announced a new registry for all people in the United States without legal status, requiring them to self-report or face potential fines and prosecution. The policy, revealed by immigration officials on Tuesday, applies to anyone aged 14 and over.
 
The US Department of Homeland Security (DHS) said individuals must register, provide fingerprints, and list their current address. Officials cited a provision of the Immigration and Nationality Act as the basis for enforcement.
 
“An alien's failure to register is a crime that could result in a fine, imprisonment, or both,” said the DHS statement. “For decades, this law has been ignored — not anymore.”
 
 
US Citizenship and Immigration Services (USCIS), a branch of DHS, said it would soon release a registration form and process.
 
What does the registry mean?
 
USCIS confirmed in a statement that the registry is mandatory for all undocumented people aged 14 and older. Parents or guardians must register children under 14 on their behalf. Those who fail to comply could face legal consequences, including deportation.
 
The move is part of a broader push by the administration to fulfil campaign pledges on immigration, including large-scale deportations and stricter border controls.
 
Trump’s executive orders on immigration, signed on his inauguration day, included a requirement for DHS to inform all previously unregistered noncitizens of their legal obligations.
 
It remains unclear how many undocumented people will voluntarily register. While officials say enforcement will focus on those with criminal records, immigration advocacy groups warn that the registry could be used as a tool for widespread deportations.
 
Immigration advocates unhappy with the move
 
The National Immigration Law Center compared the policy to the Alien Registration Act of 1940, which required all noncitizens to register through local post offices. The law was initially used to identify people deemed national security threats, particularly those labelled as communists or subversives.
 
The organisation warned that the Trump administration’s registry could serve a similar function. “Any attempt by the Trump administration to create a registration process for noncitizens previously unable to register would be used to identify and target people for detention and deportation,” it said.
 
Heidi Altman, vice president of policy at the National Immigration Law Center, said “The Trump administration’s registry announcement harkens back to shameful episodes in US history of government-sanctioned discrimination against immigrants and people of colour. All of us must reject this transparent attempt to criminalise, entrap, and spread more fear and confusion in our communities.”
 
What happens next?
 
DHS described the announcement as a procedural step to enforce an existing law. Officials said a registration form would be released soon, and the USCIS website is expected to provide further details in the coming days.
 
“No alien will have an excuse for failure to comply with this law,” said the DHS statement.
 
The USCIS website suggests that individuals who register will receive an identity card, which must be carried by anyone over 18.
 
The policy signals a shift in how immigration laws are enforced, with the administration seeking to make an example of those who fail to register. Acting USCIS Director Mark McLaughlin said in a statement: “If you leave now, you may have the opportunity to return and enjoy our freedom and live the American dream.”
 
However, legal experts and immigrant rights groups say the registry could deepen fears among undocumented communities.
 
Stephen Yale-Loehr, a retired Cornell Law School professor and expert on immigration law, told AP News, “People already living below the legal radar are unlikely to register, which would make them far easier to deport. But even if it doesn’t actually accomplish much in terms of deporting more people, it sends a signal to the American people that ‘We’re cracking down on immigrants,’ and it will also heighten the fear immigrants already have about what’s going on.”
 
Illegal Indian immigrants in US
 
The US is said to have identified about 18,000 Indian nationals it believes entered illegally. However, the number of undocumented Indian immigrants in the US is disputed.
 
Data from Pew Research Center estimates 725,000 people as of 2022, making Indians the third-largest group after Mexico and El Salvador.
 
In contrast, the Migration Policy Institute (MPI) puts the figure at 375,000, ranking India fifth among origin countries. Unauthorised immigrants make up 3% of the US population and 22% of the foreign-born population.
 
So far, US has deported 335 Indians back to India.

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First Published: Feb 27 2025 | 12:16 PM IST

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