Can Immigrants Face Criminal Charges for Failing to Register?

 Posted on May 02, 2025 in Criminal Law

Since taking office for his second term, President Donald Trump has made immigration one of the primary areas of focus for his administration. He has pledged to deport millions of undocumented immigrants, and as part of this effort, the administration has implemented a new rule requiring immigrants to register with the government. Failure to register as required or failure to carry proof of registration may not only result in immigration concerns such as deportation, but immigrants could face criminal charges.

Undocumented immigrants or others who are concerned about the consequences they may face when interacting with immigration officials will need to understand their rights and the steps they can take to address registration requirements or criminal charges. People in these situations can benefit by working with a Hartford, Connecticut criminal defense attorney who has a strong understanding of the ways criminal law intersects with immigration law.

New Alien Registration Requirement Rule

On his first day in office, President Trump issued an executive order titled "Protecting the American People Against Invasion." This order established a new policy for the Department of Homeland Security (DHS), instructing it to enforce of a section of the Immigration and Nationality Act (INA) that requires immigrants to register with the U.S. government and be fingerprinted. DHS created a new rule known as the Alien Registration Requirement, and this rule took effect on April 11, 2025.

Under the Alien Registration Requirement, all immigrants are required to register, which includes fingerprinting. Immigrants who received authorization to enter the United States will typically register and have their fingerprints taken as part of the visa application process. However, the rule also applies to all immigrants who entered the U.S. without authorization, stayed in the country after the expiration of a visa, or are otherwise undocumented.

The rule technically applies to immigrants who are over the age of 14, although parents or guardians are required to register children under the age of 14. After an immigrant reaches the age of 14, they will be required to complete their own registration. Immigrants over the age of 18 will be required to carry proof of registration at all times.

Immigrants who fail to comply with the Alien Registration Requirement could face criminal prosecution. Violations are considered misdemeanor offenses that carry fines as high as $5,000 and potential jail time upon conviction. A person who fails to register or does not register their child as required may face a sentence of up to six months in prison. An immigrant who does not carry proof of registration or who does not notify the government of an address change within 10 days could be sentenced to up to 30 days in prison.

Immigration and civil rights advocates have raised concerns about this rule, noting that it is based on an outdated section of the INA that has rarely been enforced in the past. While immigration violations have historically been considered civil offenses, the rule is likely to result in criminal prosecution for immigrants. It may lead to racial profiling as immigration and law enforcement officials target people who appear to be immigrants and ask to view their registration documents. The registration process itself may be risky for immigrants, who may be concerned that they could be arrested and deported after registering. Ultimately, the Trump administration seems to be doing everything it can to create a hostile environment for undocumented immigrants and encourage them to leave the United States.

Contact Our Hartford Criminal Defense Lawyers

Under the Alien Registration Requirement and other policies being implemented by the government, immigrants are at risk of being charged with criminal offenses while also facing the possibility of deportation. Understanding how to defend against these charges can be difficult, which is why representation from an experienced lawyer is crucial. At Woolf & Ross Law Firm, LLC, our Connecticut criminal defense attorneys can provide legal help and representation for immigrants, working to ensure that they can avoid serious penalties and remain in the United States. To set up a free consultation with our attorneys, contact us at 860-290-8690.