The Trump administration has implemented a contentious immigration policy requiring all non-citizens in the United States, including H-1B visa holders and green card holders, to carry identification documents at all times.
The directive, enforced by the Department of Homeland Security (DHS), follows a recent court ruling that upheld this Trump-era rule, signalling a stricter approach to immigration enforcement.
Origins of the Policy
The requirement stems from the Alien Registration Act of 1940, which mandated that immigrants in the U.S. register with the government. While this law has existed for decades, it was rarely enforced in modern times.
However, under Donald Trump’s presidency, the administration revived and expanded its application as part of broader efforts to tighten immigration controls.
On January 20, 2025, President Trump signed an executive order titled Protecting the American People Against Invasion, directing DHS to enforce the long-ignored registration requirements.
Scope of the Rule
The rule mandates that all immigrants over 18 years old—whether on work visas like H-1B, student visas, or green cards—must carry proof of their legal status at all times. Even minors are affected; children of immigrants must re-register and submit fingerprints within 30 days of turning 14.
Those failing to comply with these requirements face severe penalties, including fines of up to $5,000 or imprisonment for up to six months.
While individuals with valid visas or green cards are considered already registered, they are not exempt from carrying their documentation round-the-clock. This applies to millions of legal residents in the U.S., including a significant number of Indian nationals who hold H-1B visas or green cards.
Rationale Behind the Policy
The Trump administration has justified this move as a measure to enhance national security and ensure compliance with immigration laws. DHS Secretary Kristi Noem emphasized that knowing “who is in our country” is critical for safeguarding U.S. citizens and maintaining homeland security. She also warned that there would be “no sanctuary for noncompliance,” underscoring the administration’s commitment to strict enforcement.
This policy aligns with Trump’s broader immigration agenda, which includes cracking down on undocumented immigrants and increasing scrutiny of legal immigration processes. The administration views this directive as a way to streamline immigrant tracking and prevent misuse of visa programs.
Legal Challenges and Criticism
The rule faced significant opposition from immigrant advocacy groups, including the Coalition for Humane Immigrant Rights and United Farm Workers of America. However, U.S. District Judge Trevor McFadden dismissed their legal challenge, stating that the plaintiffs failed to demonstrate how the rule would harm their core missions.
Critics argue that this policy imposes undue burdens on immigrants and fosters an environment of fear and discrimination.
Nicholas Espiritu, deputy legal director at the National Immigration Law Center, described the ruling as “disappointing,” warning that it forces immigrants into an impossible choice between compliance and risking deportation or penalties.