US immigrants, H-1B, green card holders must carry ID 24x7 or face jail

If you're in the United States as a non-citizen—whether on an H-1B work visa, F-1 student visa, or otherwise—you’ll now need to carry proof of your legal status at all times. A new directive from the Donald Trump administration, which came into effect on April 11, makes this mandatory.

 

The order forms part of Trump's executive action titled ‘Protecting the American People Against Invasion’. It is being seen as a move to step up immigration enforcement and deport those living without legal status.

 

Old law, now enforced more strictly

 

The rule is built on the existing Alien Registration Act of 1940, which required immigrants to register but was rarely enforced consistently. The new version, known as the Alien Registration Requirement (ARR), revives those provisions and sets stricter timelines and penalties.

 

 

Key provisions of the rule

 

< All non-citizens above 14 staying in the US for over 30 days must register using Form G-325R  

< Parents must register children under 14  

< New arrivals must register within 30 days  

< Failure to register could result in fines, jail time, or both  

< Address changes must be reported within 10 days  

< Children turning 14 must re-register and submit fingerprints within 30 days

 

Impact on Indian nationals and legal immigrants

 

There are nearly 5.4 million Indians living in the US, including an estimated 220,000 undocumented individuals. Legal immigrants—including H-1B visa holders and international students—do not need to fill the form again, as they are already considered registered. However, they must still carry documentation proving their status.

 

“This measure intends to enhance national security by ensuring that all individuals in the country are properly documented,” Aurelia Menezes, partner at King Stubb & Kasiva, Advocates and Attorneys told Business Standard.

 

She added, “It also seeks to prevent fraudulent activities and improve the enforcement of immigration laws.”

 

Consequences of not following the rule

 

< Failure to carry or present documentation could result in a fine or up to six months in jail  

< Registration does not guarantee protection from deportation—individuals may still be removed from the country if other immigration documents are missing, expired, or invalid.

 

“All non-citizens 18 and older must carry this documentation (registration proof) at all times,” said Kristi Noem, secretary of the Department of Homeland Security. “The administration has directed the Department of Homeland Security (DHS) to prioritise enforcement. There will be no sanctuary for noncompliance.”

 

What Indian immigrants should do

 

Menezes suggested a few steps to minimise risk:

 

< Keep all immigration documents valid  

< Store originals safely and carry clear or notarised copies  

< If officers attempt to take documents, ask for identification and a written record of who took them and why  

< Ask for a lawyer if needed  

 

If stopped by US immigration officers

 

In a social media post last month, US-based immigration attorney Abhisha Parikh listed key recommendations for dealing with enforcement:

 

1. Stay calm and don’t run  

2. Ask if you’re free to leave, and walk away if allowed  

3. Ask to see a badge—ICE agents may wear uniforms labelled "police"  

4. You have the right to remain silent  

5. Don’t resist or reach for personal items without permission  

6. Refuse searches unless they have a judicial warrant  

7. You don’t need to answer questions about immigration status  

8. US citizens are not required to carry proof of citizenship  

9. Undocumented individuals can request a lawyer and decline to answer  

10. ICE cannot detain someone based solely on race or ethnicity  

11. Prepare an emergency plan with your family  

12. Never sign anything without legal advice  

 

If arrested

 

Ask for a lawyer  

Remain silent  

Say nothing else until you have legal counsel