CBP Warns Non-Citizens and Green Card Holders: Failure to Comply May Result in Fines or Jail

U.S. Customs and Border Protection (CBP) has issued a warning for all non-U.S. citizens, including Green Card holders, to carry their immigration documents at all times. This warning targets individuals aged 18 and older who are not U.S. citizens, emphasizing that they must possess their alien registration certificate or alien registration receipt card and keep it in their personal possession. CBP stresses that failure to comply with this requirement could lead to misdemeanor charges and fines if stopped by federal law enforcement.

“Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him. Failing to do so can lead to a misdemeanor and fines if you are stopped by federal law enforcement. If you are a non-citizen, please follow the laws of the United States of America,” said CBP through a social media post.

This warning is rooted in Section 1304(e) of Title 8 of the U.S. Code, which explicitly mandates that every non-citizen aged 18 or older must always carry their alien registration certificate or receipt card. The law states that non-citizens who fail to adhere to this provision can be found guilty of a misdemeanor, potentially facing a fine of up to $100, imprisonment for up to 30 days, or both, for each offense.

“Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d). Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both,” reads Section 1304(e) of Title 8 of the U.S. Code.

While the existing law specifies these penalties, a rule issued by the Department of Homeland Security (DHS) in the Federal Register last March indicates significantly higher fines. This DHS rule suggests that not carrying such documents could result in a fine of up to $5,000, imprisonment for up to 30 days, or both. Additionally, the DHS rule outlines penalties for other immigration-related infractions, including up to a $5,000 fine and/or six months’ imprisonment for failing to register as an alien, and up to a $5,000 fine and/or 30 days’ imprisonment for failing to report a change of address.

According to Section 1304(d) of the U.S. Code, every alien in the U.S. is required to be registered and fingerprinted under the provisions of the Alien Registration Act of 1940. “Every alien in the United States who has been registered and fingerprinted under the provisions of the Alien Registration Act, 1940, or under the provisions of this chapter shall be issued a certificate of alien registration or an alien registration receipt card in such form and manner and at such time as shall be prescribed under regulations issued by the Attorney General,” reads Section 1304(d) of Title 8 of the U.S. Code.

U.S. Citizenship and Immigration Services (USCIS) defines the Green Card as an “Alien Registration Receipt Card.” Historically, the Immigration and Nationality Service issued Form I-151, also known as the Alien Registration Receipt Card or Green Card, from July 1946 until late 1978. This was later replaced by Form I-551, the current Permanent Resident Card, which is commonly referred to as the Green Card.

The U.S. government considers various documents as proof of alien registration, and it is strongly advised to carry them at all times. These include Form I-94 (Arrival-Departure Record) for nonimmigrants, parolees, or those establishing residence prior to July 1, 1924, and those granted permission to depart without deportation proceedings. Crewmembers arriving by vessel or aircraft may use Form I-95 (Crewmen’s Landing Permit) or Form I-184 (Alien Crewman Landing Permit and Identification Card).

Additionally, citizens of Canada or British subjects residing in Canada can use Form I-185 (Nonresident Alien Canadian Border Crossing Card), while citizens of Mexico residing in Mexico can use Form I-186 (Nonresident Alien Mexican Border Crossing Card). For individuals facing deportation or removal proceedings, documents like Form I-221 (Order to Show Cause and Notice of Hearing), Form I-221S (Order to Show Cause, Notice of Hearing, and Warrant for Arrest of Alien), Form I-862 (Notice to Appear), and Form I-863 (Notice of Referral to Immigration Judge) are considered proof of registration. Lawful permanent residents of the U.S. use Form I-551 (Permanent Resident Card), and those with employment authorization use Form I-766 (Employment Authorization Document or EAD).

A valid, unexpired foreign passport with a non-immigrant entry or parole stamp also serves as proof. For students, carrying Form I-20 is recommended. The Trump administration also recently introduced Form G-325R to address individuals who may not possess these specific documents or meet past registration criteria.

New York immigration attorney Bashu Phulara recently emphasized that, given the current evolving immigration landscape, carrying these documents has become even more crucial. Phulara advises individuals to carry physical copies of essential documents such as work permits, state IDs or driver’s licenses, Green Cards, and documents related to pending immigration applications (like asylum applications). As an alternative, securely storing essential documents electronically for easy and immediate access is also a prudent approach.

While not legally mandatory for U.S. citizens, some legal professionals even suggest they carry electronic copies of their citizenship documents or passports, along with their state ID or driver’s license. This is to avoid potential complications or hassles if they are ever questioned by immigration authorities, even if they are U.S. citizens.