For a long time, immigrants had to carry IDs that proved they were legally in the United States, but the rules were not in effect. Until now.
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Amid the Trump administration’s ongoing crackdown on illegal immigration, the country’s immigration agency warns immigrants to carry green cards or visas at all times.
The US Citizenship and Immigration Services posted a reminder on social media on July 23rd. “I always carry alien registration documents. If I don’t have them when I stop it with federal law enforcement, it can lead to misdemeanors and fines.”
Here’s what immigrants and American citizens need to know:
The “carry your paper” law is not new
Laws requiring legal immigrants and foreign visitors to carry immigration documents have been in books for decades, dating back to the 1950s.
The Immigration and Nationality Act states: “All aliens over the age of 18 are always carried with him and have a certificate of alien registration certificate or an alien registration receipt card issued to him.”
But before the Trump administration announced it would strictly enforce it earlier this year, the law was rarely imposed.
The “Carry Your Papers” section is no longer used for cultural and historical reasons, said Michel Lapointe, legal director of the nonprofit American Council on Immigration.
In contrast to the Soviet bloc, when the requirements were written, “we were not a country where you had to produce evidence of citizenship as requested by law enforcement.”
In a “Know Your Rights” presentation, the ACLU warns immigrants over the age of 18 to “always carry papers with you” according to the law.
“If you don’t have them, tell the officer that you want to remain silent or talk to an attorney before answering any questions,” says the ACLU.
“valuable” documents at risk
Many immigrants preferred to keep a green card or visa securely, as they are expensive and difficult to obtain, like passports.
Historically, “It was a bit dangerous for people to carry these valuable documents, such as green cards, because replacing them involves a large fee and risks that there is no evidence of status.
However, as immigration enforcement increases, the risk of not carrying legal documents is increasing.
Failure to comply with the law could result in a $100 fine or a maximum of 30 days in prison.
Immigration enforcement and “racial profiling”
US citizens do not need to carry documents proof of citizenship.
But in an environment of increasing immigration enforcement, Fernando Garcia, executive director of the Nonprofit Border Network for Human Rights in El Paso, Texas, said he is worried about the targeting of US citizens.
“With massive attacks and massive deportation, this requires a new dimension,” he said. “How quickly do we move into the ‘Show your paper’ state? ”
“The problem is that there are a lot of people who are Mexicans, or Central Americans, who don’t have to carry anything, but who have the burden of proof based on racial profiling.” “There are instances where American citizens have already been arrested based on their appearance and race.”
Ice-targeted American citizens
The Trump administration’s growing crackdown on immigration has already attracted American citizens.
In July, 18-year-old American citizen Kenny Raines was detained for six hours by Florida Highway Patrol and Border Patrol agents. He was later released.
Despite US citizenship in July, federal agents also detained Angel Pina, a California man. He was later released.
Elzon Lims, a 23-year-old US citizen from Long Island, New York, was arrested by Ice Agents in June after being released. In the video of the arrest, the immigration agent asks for Rimus’s display ID, explaining that he “seems like the person we’re looking for.”
In the updated guidance, lawyers for the companies Masda, Funui, Eifart & Mitchell, which have offices in Chicago, Detroit and Los Angeles, advise that they are “a concern about carrying a US passport card or a copy of a US passport as evidence of US citizenship.”
Lauren Villagran can be accessed at lvillagran@usatoday.com.
