ORLANDO, Fla. — Under a new rule, undocumented immigrants who remain in the U.S. for 30 days or longer are legally required to fill out a form and register with the U.S. government, starting April 11.
Not complying could mean civil and criminal penalties.
The rule, defines undocumented immigrants as either coming to the U.S. without inspection, or being admitted temporarily, but then staying past their permissions to stay.
An immigration lawyer says he’ll start advising clients of the consequences of failing to register, but also of registering.
Frank Symphorien-Saavedra, a Venezuelan immigration attorney who came to the US when he was 11 years old.
He says he expects lawsuits will be filed in federal court, to enjoin this rule, which applies broadly.
“You are talking about people from any country, anywhere in the world who are supposed to have registered 30 days after they arrived, and now you’re implementing it against people that may have arrived 20, 30 or 40 years ago, so it just seems inherently unfair,” he said.
Form G-325R asks undocumented immigrants, information including the date and place of entry into the U.S., activities in which he or she is engaging in, the length of time he or she expects to remain here, and their police and criminal record.
Symphorien-Saavedra says it’s a law congress created in the books a long time ago.
“So, unless it’s enjoined, I do think it is important for people to meet with an attorney and consider registering after April 11,” he said.
Symphorien-Saavedra says right now people should stay calm and review exceptions including those that have already been fingerprinted like people with asylum, TPS or work permits.
He says the critical part of this is to have an attorney review cases on an individual basis.
“I’m going to give them both options and advise them that is it the law and they’re required to follow it,” he said.
Spectrum News asked Symphorien-Saavedra if people will register, knowing there is a probability they could get detained.
“I doubt it. I think the main purpose of this is to cause panic and fear and kind of push people to self-deport,” he said. “It’s intended to scare people saying, ‘hey we’re requiring you to register, but be aware that the information that you provide will be used against you.’”
At the same time, Symphorien-Saavedra says if an undocumented immigrant does not register, and it doesn’t get enjoined, potentially it can be used to disqualify undocumented immigrants from permanent residence or citizenship.
“You’re going to be in between a rock and a hard place,” he said.
The rule says it will make it easier for DHS to enforce the law, and also inform the location of undocumented immigrants in the U.S.
Symphorien-Saavedra says there is some benefit to this rule, for people who present a threat to our society.
The rule also states, after registering, and following the process, they’ll be issued a certificate or a registration receipt card which they must carry “at all times.”
It also warns that “a willful failure” to register or be fingerprinted is a misdemeanor, punishable by a fine of up to $5,000 or time in jail.
According to the rule, the most recent DHS population estimate as of January 1, 2022, for people living in the U.S. illegally, was $11 million.