US immigrant registration rule takes effect: even H-1B holders, students must now carry ID at all times

Why has the Trump administration reinstated the Alien Registration Act in 2025?

A controversial immigration enforcement move from the Donald Trump administration has been cleared to proceed following a US District Court ruling, allowing the Department of Homeland Security (DHS) to implement a strict registration mandate for all immigrants in the United States. While the rule largely targets undocumented individuals, it also affects those in the US legally—such as H-1B workers, international students, and lawful permanent residents—by requiring them to carry proof of registration at all times. The rule, grounded in the Alien Registration Act of 1940, officially came into effect on April 11, 2025, and is expected to reshape the everyday reality for millions of non-citizens.

This revived rule comes in the wake of Executive Order “Protecting the American People Against Invasion,” signed by President Donald Trump on January 20, 2025. The directive called for renewed enforcement of the Alien Registration Act, a statute introduced during World War II to monitor and document the presence of foreign nationals. While largely dormant for decades, the Trump administration argues that the law was never repealed and remains a valid legal tool to track non-citizens in the interest of national security.

Who is affected by the registration rule and what does it mandate?

According to the Department of Homeland Security, the registration requirement applies to all non-citizens aged 18 or older who have been in the United States for more than 30 days. This includes undocumented immigrants as well as individuals lawfully present on visas such as H-1B, L-1, F-1, J-1, and B-1/B-2, and even those with permanent resident cards (green cards). While visa holders are technically already registered through their visa application and admission process, the DHS emphasized that this does not exempt them from the obligation to carry proof of registration at all times.

Legal documentation must be presented upon request by law enforcement or immigration officers. Valid documents include the I-94 arrival/departure record, employment authorization documents (EAD), green cards, or any other DHS-issued documentation confirming legal presence and immigration status.

Importantly, children of immigrants are not excluded. Minors must be registered if they remain in the US for more than 30 days. Once a child turns 14, they are required to re-register and submit biometric data such as fingerprints within 30 days of their birthday—even if they were previously registered under a parent’s record.

What are the penalties for non-compliance with the DHS immigrant registration mandate?

The DHS has made it clear that failure to comply with the new immigrant registration rule could result in criminal penalties. Individuals who fail to register or do not carry proof of registration could face fines of up to $5,000, up to six months in prison, or both. Additionally, immigrants who fail to update their address with DHS within ten days of moving could be subject to legal consequences, including removal proceedings. This adds another layer of administrative pressure on non-citizens, especially those frequently relocating for work or academic reasons.

For those entering the country after April 11, 2025, the 30-day clock to register starts from the date of arrival. Those already in the US as of that date must register immediately if they do not possess documentation proving prior registration. According to DHS Secretary Kristi Noem, the directive is intended to uphold longstanding federal law that has been inadequately enforced for decades.

How are legal visa holders, including H-1B workers and students, impacted?

While the DHS has stated that those on valid visas are technically considered registered, the requirement to carry documentation “at all times” adds a burdensome compliance layer. Indian nationals—who constitute a major share of H-1B workers and international students in the US—are particularly affected. Estimates of undocumented Indian immigrants vary widely, with DHS placing the number at 220,000 as of 2022, while the Pew Research Center and Migration Policy Institute estimate the figure at 700,000 and 375,000 respectively.

Immigration attorneys have advised that lawful visa holders should ensure they keep digital and physical copies of their immigration documents easily accessible. For H-1B professionals who may travel frequently between client sites, or international students commuting from off-campus housing, this new requirement poses practical challenges and raises concerns about discriminatory enforcement.

The legal community has also raised alarms about the registration system’s potential for confusion, especially given the lack of a centralized digital platform for real-time registration verification by law enforcement. Advocates argue that without safeguards, legally present immigrants may be mistakenly penalized due to documentation lapses or misunderstandings.

What does the court ruling mean and how did legal challenges unfold?

The rule’s implementation was challenged by several immigrant advocacy groups, including the American Immigration Council and the Coalition for Humane Immigrant Rights. These organizations contended that the DHS failed to follow the notice-and-comment procedure required under the Administrative Procedure Act when issuing the registration mandate as an interim final rule. They warned of widespread chaos and confusion, especially among mixed-status families and individuals with pending immigration benefits.

However, on April 10, 2025, Judge Trevor N. McFadden of the U.S. District Court—appointed by President Trump—rejected a motion to block the rule. The court concluded that the plaintiffs lacked sufficient legal standing to seek an injunction, effectively clearing the path for DHS to proceed with enforcement. The Trump administration cited the Alien Registration Act as the legal basis, noting that the statute has existed since 1940 and only required renewed executive enforcement rather than new congressional legislation.

Legal analysts point out that the ruling sets a precedent for broader executive authority in immigration matters and potentially reopens other dormant statutes for active enforcement under the current administration.

What is the political message behind the rule and how is it being enforced?

Beyond administrative compliance, the registration rule forms a cornerstone of the Trump administration’s aggressive immigration policy. In a strongly worded public statement, DHS Secretary Kristi Noem declared that “there will be no sanctuary for noncompliance.” She added that the new rule supports the administration’s mandate to know “who is in our country for the safety and security of our homeland and all Americans.”

The DHS has instructed Immigration and Customs Enforcement (ICE) officers to begin routine verification of immigrant documentation during law enforcement encounters. Those found in violation could be detained, fined, or deported. The rule is also being publicized across airports, ports of entry, and consular locations to ensure awareness among those planning to enter or re-enter the country.

President Trump, echoing the administration’s broader immigration stance, said those in the country illegally should “leave now” to preserve the possibility of legally returning in the future. His messaging appears to draw a hard line between legal and illegal immigration, but the practical application of the rule makes little distinction in terms of documentation enforcement.

How does this impact Indian immigrants and families in the US?

The Indian immigrant population in the United States—estimated at over 2.7 million legally present individuals—is likely to feel a disproportionate impact from the rule, not only due to its scale but also because of the high number of Indian nationals in visa categories now subject to real-time compliance checks. Many Indian families include children in mixed-status households where one or more members may be on different types of visas, heightening the complexity of compliance.

Concerns have also been raised about how the registration mandate may affect applications for permanent residency or citizenship in the future. Any violations—even if inadvertent—could negatively affect an individual’s credibility or lead to allegations of immigration fraud during status adjustment procedures.

What lies ahead for immigrant compliance and monitoring in the US?

With this rule in place, the Trump administration has effectively reactivated a wartime statute to create one of the most expansive real-time tracking systems for immigrants in modern US history. Critics argue that it promotes a surveillance-like state where even legal immigrants are viewed with suspicion. Proponents, however, say it is a necessary step toward enforcing existing immigration laws and maintaining public safety.

As of now, there is no indication that DHS will halt or revise the rule in response to public feedback or pending lawsuits. Legal observers suggest that unless Congress intervenes or a higher court overturns the rule, its enforcement will continue with increasing rigor through 2025.