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Living illegally in the U.S.? Here’s what you must do to avoid fines, jail, and deportation
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Are you a non-citizen who has been residing in the US for more than 30 days without legal documentation? Then this applies to you. Individuals living illegally in the US must now register with the government or face fines, criminal charges, imprisonment, and eventual deportation. A federal judge has allowed this rule to take effect as early as Friday (April 11).
The US Department of Homeland Security (DHS) requested the enforcement of this long-standing but largely unenforced rule, and Judge Trevor Neil McFadden, appointed by President Donald Trump, permitted its implementation.
Even Canadian nationals staying in the US for over 30 days will now be required to register.
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The petitioners challenging the rule were dismissed on the grounds that they lacked legal standing. Judge McFadden did not rule on the constitutionality or fairness of the registration requirement itself.
This ruling is being seen as another win for the Trump administration in its immigration crackdown. DHS Secretary Kristi Noem confirmed the department will fully implement the rule.
“President Trump and I have a clear message for those in our country illegally: leave now. If you leave now, you may have the opportunity to return and enjoy our freedom and live the American dream,” she said.
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She added, “The Trump administration will enforce all our immigration laws — we will not pick and choose which laws we will enforce. We must know who is in our country for the safety and security of our homeland and all Americans.”
The judge’s order comes two months after DHS began urging undocumented immigrants to exit the country voluntarily.
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Once registered, individuals must carry the relevant identification documents with them at all times. Failure to do so can result in fines or jail time.
This puts thousands of undocumented individuals in a difficult position. Registering may expose them to the risk of deportation, but failing to register is now a prosecutable offense. According to DHS’s February 25 announcement, consequences for non-compliance include fines, prosecution, and imprisonment.
No, the requirement to register is not new. US immigration law has long mandated that both legal and illegal non-citizens register with the government. However, enforcement was lax until the rule was revived after the September 11, 2001, terrorist attacks.
At that time, the registration program disproportionately targeted Muslims, and over 13,000 individuals were deported. The program was paused in 2011 and formally terminated in 2016.
The original law dates back to the Alien Registration Act of 1940, enacted during World War II to monitor potential spies and subversive actors. The Immigration and Nationality Act of 1952 is the current legal framework for registration.
This marks yet another step in the Trump administration’s intensified efforts to track and remove undocumented immigrants from the United States.
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