Maria Fernanda Gandarez

This FAQ addresses the long-standing legal requirement for nonimmigrants and lawful permanent residents to carry documentation at all times to evidence their valid U.S. immigration status. While this is not a new rule, many noncitizens do not know about this obligation. This requirement has gained new attention under the current immigration enforcement climate. It is important for employers and employees to understand what the law mandates and the serious potential consequences for non-compliance.

What does the law say about carrying immigration documents, and who does it apply to?

The Immigration and Nationality Act (INA) requires every noncitizen who is 18 years old and over to carry evidence of their immigration “registration documents” at all times.

Noncitizens refer to lawful permanent residents (green card holders) and other nonimmigrants in the U.S., including but not limited to foreign students, exchange visitors, and foreign workers. “Registration documents” effectively refer to valid immigration documents.

For important historical context, under federal laws passed by Congress in 1952, noncitizens are required to “register” themselves in the U.S. immigration system in order to be considered a lawful or documented noncitizen in the United States. This registration process for most individuals now occurs automatically when one applies for a visa at a U.S. Consulate, enters the U.S. and receives an I-94 arrival/departure record, or applies for nonimmigrant or immigrant status with USCIS.

What documents should noncitizens have in their possession?

Noncitizens must always carry documentation of their immigration status. Documentation may include a combination of the following:

• Original permanent resident card (green card)
• Original unexpired foreign passport with valid visa stamp
• I-94 Arrival/Departure Record (available at https://i94.cbp.dhs.gov/home)
• Original Employment Authorization Card (EAD)
• Unexpired nonimmigrant petition approval notices from USCIS
• Form DS-2019, Certificate of Eligibility for Exchange Visitor (J-1) Status
• Form I-20, Certificate of Eligibility for Nonimmigrant Student Status
• Form I-485, Adjustment of Status Application receipt notices

It is important to note the registration regulations have not been updated to reference new forms of immigration status and many commonly used immigration forms are missing. Thus, some pro-immigration advocates argue that the registration requirement is unfair because someone, for example, granted Temporary Protected Status (TPS) or Deferred Action for Childhood Arrivals (DACA) cannot technically show acceptable proof of having registered, despite having authorized immigration status.

Are U.S. Citizens required to carry proof of their citizenship?

No. While this documentation requirement doesn’t apply to U.S. citizens, U.S. Citizens may want to consider carrying their U.S. passport or U.S. passport card for personal peace of mind and because they could be questioned. From reports, we understand that U.S. Citizens have been approached by Immigration Customs and Enforcement (ICE) based on their appearance and/or accents.

If this is not a new requirement, why is it relevant now?

The new Trump Administration is leveraging these registration requirements to identify undocumented noncitizens. Most notably, the Executive Order (EO), “Protecting the American People Against Invasion” issued by President Trump on January 20, 2025, mandates that the U.S. Department of Homeland Security “to immediately publicize the legal obligation of noncitizens to register” with the appropriate immigration authorities. The EO goes on to emphasize that the “failure to register” will be treated as a civil and criminal enforcement priority.

What are the penalties for not carrying your immigration documents?

The penalties for noncompliance are serious. The relevant INA provisions - issued long before the Executive Order - provides that any noncitizen who fails to comply with this requirement “shall be guilty of a misdemeanor” and could be fined up to $100 and/or be imprisoned for up to 30 days. Some fear that the consequences could end up being worse because of the current administration’s deportation agenda.

Why is this important for employers?

Many employers are currently preparing for ICE visits. As part of this planning, it is important to consider the implications of what happens if ICE encounters one of your employees on property or off property. Practically speaking, while it has always been required for noncitizens to carry their immigration documents, there has been little enforcement on this front. As a result, most individuals don’t carry their documents and also don’t even know that they are required to do so under the law. Employers may want to consider advising their employees of this documentary requirement. With expanded immigration authority to state and local authorities, we may see more people questioned and penalized on this basis.

If you would like to learn more, please contact one of the Pryor Cashman attorneys in our Immigration Practice.

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Partner Praveena Nallainathan was a contributing author to this client alert.