There has been much ballyhoo and consternation about the so-called “Alien” Registration Requirement that long has been on the books but gained popularity in these extraordinarily xenophobic times. I used quotation marks, because, while, yes, that is the legal term used in the relevant statute and implementing regulations and policies, it’s a rather antiquated one that finds good company primarily with anti-immigration groups. There are other such terms that civilized societies since have abandoned, yet xenophobes seem anchored to this one.
By and large the policy driving this latest reminder of the registration requirement is an attempt to get undocumented immigrants to come forth and offer themselves up for deportation. I believe most people can see the folly in such an endeavor. Nonetheless, it also provides a convenient opportunity to play gotcha. Anyone who does not register could face civil or criminal penalties and have petitions or applications for immigration benefits denied. More refined minds can read between the lines and surmise how this might play out if Congress ever gets around to comprehensive immigration reform, which could provide a pathway to citizenship for undocumented persons.
Nearly all persons who travel to the United States with a visa (or under the Visa Waiver Program by registering with Custom and Border Protection’s ESTA system) or become lawful permanent residents already have registered. Families with minor children who applied for green cards might recall the need for their children to “register” when they reached age 14. Knowing that this snake-in-the-grass law is on the books, that is why I have advised my clients to remember to do this for their children to avoid a possible benefit denial in the future for failing to register at age 14. Before USCIS implemented online filing, the “Lockboxes” that received the registration applications were (and probably still are for those who file by mail) notorious for rejecting these age 14 registration applications. It was common for an application to be rejected several times before a supervisor finally completed the intake. It seemed that USCIS simply did not know what to do with the age 14 registration applications.
If you are uncertain about whether you have registered, USCIS has a tool and other guidance at https://www.uscis.gov/alienregistration.
As a final note, while the registration requirement might seem rather Big Brotherish, especially so in autocratic-leaning times, it’s been around since before the current anti-immigrant sentimentality began. Also, the miniscule information gathered here is but a drop in the bucket compared to the mass data collection that pervades the daily lives of all persons. For a sobering dive into that, check out McKenzie Funk’s book, “The Hank Show. How a House-painting, Drug-running DEA Informant Built the Machine That Rules Our Lives.”
I welcome the day when we can return to viewing our fellow human beings as just that and enjoy all that they have to contribute to helping us live meaningful lives.