Latest news with #MichelleLapointe
The Herald Scotland
5 days ago
- Politics
- The Herald Scotland
'Carry your papers' law: What immigrants need to know
Here's what immigrants - and American citizens - need to know. 'Carry your papers' law isn't new The law requiring lawful immigrants and foreign visitors to carry their immigration documents has been on the books for decades, dating to the 1950s. The Immigration and Nationality Act states: "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." But the law had rarely been imposed before the Trump administration announced earlier this year that it would strictly enforce it. The "carry your papers" portion fell out of use for cultural and historical reasons, said Michelle Lapointe, legal director of the nonprofit American Immigration Council. In contrast to the Soviet bloc at the time the requirement was written, "We have never been a country where you have to produce evidence of citizenship on demand from law enforcement." In a "Know Your Rights" presentation, the ACLU cautions immigrants over age 18 to follow the law and "carry your papers with you at all times." "If you don't have them," the ACLU says, "tell the officer that you want to remain silent, or that you want to consult a lawyer before answering any questions." A 'precious' document at risk Many immigrants preferred to hold their green card or visa in safe-keeping, because, like a passport, they are expensive and difficult to obtain. Historically, it was "a little risky for people to carry these precious documents such as green card, because there is a hefty fee to replace it and they are at risk of not having proof of status - a precarious position to be in," Lapointe said. But as immigration enforcement has ramped up, the risks of not carrying legal documents have grown. Failure to comply with the law can result in a $100 fine, or imprisonment of up to 30 days. ???? Attention ???? Always carry your alien registration documentation. Not having these when stopped by federal law enforcement can lead to a misdemeanor and fines. — CBP (@CBP) July 23, 2025 Immigration enforcement and 'racial profiling' U.S. citizens aren't required to carry documents that prove their 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 worries about U.S. citizens being targeted. "With massive raids and mass deportation, this takes a new dimension," he said. "How rapidly are we transitioning into a 'show me your papers' state?" "The problem is there are a lot of people - Mexicans, or Central Americans - who are U.S. citizens who don't have to carry anything, but they have the burden of proof based on racial profiling," he said. "There are examples of U.S. citizens being arrested already, based on their appearance and their race." Not just immigrants: Why some Native American citizens worry about getting caught in ICE's net American citizens targeted by ICE The Trump administration's widening immigration crackdown has already netted American citizens. In July, 18-year-old Kenny Laynez, an American citizen, was detained for six hours by Florida Highway Patrol and Border Patrol agents. He was later released. Federal agents also detained a California man, Angel Pina, despite his U.S. citizenship in July. He was later released. Elzon Limus, a 23-year-old U.S. citizen from Long Island, New York, decried his arrest by ICE agents in June, after he was released. In a video of the arrest, immigration agents demand Limus show ID, with one explaining he "looks like somebody we are looking for." In updated guidance, attorneys at the firm of Masuda, Funai, Eifert & Mitchell, which has offices in Chicago, Detroit and Los Angeles, advise U.S. who are concerned about being stopped and questioned "to carry a U.S. passport card or a copy of their U.S. passport as evidence of U.S. citizenship." Lauren Villagran can be reached at lvillagran@
USA Today
5 days ago
- Politics
- USA Today
The Trump administration is telling immigrants 'Carry your papers.' Here's what to know.
Immigrants have long been required to carry ID proving they're in the US legally, but the rule was not enforced. Until now. Amid the Trump administration's ongoing crackdown on illegal immigration, the nation's immigration service is warning immigrants to carry their green card or visa at all times. U.S. Citizenship and Immigration Services posted the reminder July 23 on social media: "Always carry your alien registration documentation. Not having these when stopped by federal law enforcement can lead to a misdemeanor and fines." Here's what immigrants – and American citizens – need to know. 'Carry your papers' law isn't new The law requiring lawful immigrants and foreign visitors to carry their immigration documents has been on the books for decades, dating to the 1950s. The Immigration and Nationality Act states: "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." But the law had rarely been imposed before the Trump administration announced earlier this year that it would strictly enforce it. The "carry your papers" portion fell out of use for cultural and historical reasons, said Michelle Lapointe, legal director of the nonprofit American Immigration Council. In contrast to the Soviet bloc at the time the requirement was written, "We have never been a country where you have to produce evidence of citizenship on demand from law enforcement." In a "Know Your Rights" presentation, the ACLU cautions immigrants over age 18 to follow the law and "carry your papers with you at all times." "If you don't have them," the ACLU says, "tell the officer that you want to remain silent, or that you want to consult a lawyer before answering any questions." A 'precious' document at risk Many immigrants preferred to hold their green card or visa in safe-keeping, because, like a passport, they are expensive and difficult to obtain. Historically, it was "a little risky for people to carry these precious documents such as green card, because there is a hefty fee to replace it and they are at risk of not having proof of status – a precarious position to be in," Lapointe said. But as immigration enforcement has ramped up, the risks of not carrying legal documents have grown. Failure to comply with the law can result in a $100 fine, or imprisonment of up to 30 days. Immigration enforcement and 'racial profiling' U.S. citizens aren't required to carry documents that prove their 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 worries about U.S. citizens being targeted. "With massive raids and mass deportation, this takes a new dimension," he said. "How rapidly are we transitioning into a 'show me your papers' state?" "The problem is there are a lot of people – Mexicans, or Central Americans – who are U.S. citizens who don't have to carry anything, but they have the burden of proof based on racial profiling," he said. "There are examples of U.S. citizens being arrested already, based on their appearance and their race." Not just immigrants: Why some Native American citizens worry about getting caught in ICE's net American citizens targeted by ICE The Trump administration's widening immigration crackdown has already netted American citizens. In July, 18-year-old Kenny Laynez, an American citizen, was detained for six hours by Florida Highway Patrol and Border Patrol agents. He was later released. Federal agents also detained a California man, Angel Pina, despite his U.S. citizenship in July. He was later released. Elzon Limus, a 23-year-old U.S. citizen from Long Island, New York, decried his arrest by ICE agents in June, after he was released. In a video of the arrest, immigration agents demand Limus show ID, with one explaining he "looks like somebody we are looking for." In updated guidance, attorneys at the firm of Masuda, Funai, Eifert & Mitchell, which has offices in Chicago, Detroit and Los Angeles, advise U.S. who are concerned about being stopped and questioned "to carry a U.S. passport card or a copy of their U.S. passport as evidence of U.S. citizenship." Lauren Villagran can be reached at lvillagran@
CBC
04-04-2025
- Politics
- CBC
A reprieve for snowbirds? Trump Administration sued over traveller registration requirement
Immigration advocates are suing the Trump Administration over its upcoming registration requirement for non-U.S. citizens staying longer than 29 days, offering a possible reprieve for Canadian snowbirds. The U.S.-based American Immigration Council and partner organizations launched the suit this week to try to quash the registration rule. They claim the administration failed to seek public input on an ill-conceived directive affecting millions of people. On Tuesday, the advocacy groups will ask the District Court for the District of Columbia to impose a preliminary injunction blocking the registration requirement before its April 11 rollout. "We feel strongly that this rule was issued in an improper and illegal way," said Michelle Lapointe, legal director at the American Immigration Council. "What they're rolling out is a system that is arbitrary, it's confusing, it doesn't make sense." In January, U.S. president Trump issued an executive order called "Protecting the American People Against Invasion." As of April 11, it requires certain foreign nationals staying 30 days or longer, including many Canadians crossing by land, to register online with the U.S. government. The registration form asks travellers for a lengthy list of personal details, such as one's U.S. address, and where one's parents were born. Non-Canadians will also have to submit fingerprints. The immigration advocacy groups join many Canadian snowbirds who have raised concerns since learning about the registration rule last month. "I feel as if we are being targeted as Canadians," said Rena Hans of Toronto, who owns a condo in Florida. "This is giving me kind of like, a little bit of a totalitarian vibe." Stephen Fine, president of the company Snowbird Advisor, which runs a resource website, says he has received hundreds of emails from snowbirds asking questions about the registration requirement. "There's a lot of anxiety and a lot of confusion." Fine says one main problem is that the rule's fine print can be hard to decipher. "The regulations came out in a hurry. There still isn't a lot of clarity on how you complete the process, who's required to complete the process." He says if the lawsuit manages to quash the regulations, it would be welcome news for snowbirds. $5,000 fine or imprisonment Part of the confusion stems from the fact that not all foreigners staying one month or longer must register. Canadians issued an electronic arrival/departure record when entering the U.S. will be exempt. According to immigration lawyers CBC News consulted, typically, international air passengers are issued such records, and land travellers are not. To find out their status, travellers need to input their travel information online via a U.S. immigration website upon arrival. Those required to register must carry proof of registration at all times or face fines of up to $5,000, or imprisonment for up to six months, or both. Lapointe says that because the rules are complex, people could unknowingly break them, and find themselves in trouble. "They could be picked up, arrested, detained, fined." WATCH | Canadian snowbirds 'insulted' by registration requirement: Canadian snowbirds 'insulted' Trump will enforce registration policy 23 days ago Duration 1:53 Snowbirds say they are insulted that the Trump administration will begin enforcing an existing law for Canadians that requires anyone crossing a land border who is staying more than 30 days to register with U.S. immigration authorities. Snowbirds David and Dianne Fine (no relation to Stephen Fine) say they plan to return home to Hepworth, Ont., before the April 11 deadline to avoid any problems. The couple, who are wintering at an RV park in Brownsville, Texas, completed the online registration form in late March. However, they have yet to receive official proof of their registration that they can print and show if required. "If we don't have the right documentation and they happen to catch us before April 11, I guess it means that we go to jail, or face a $5,000 fine, or both," said Fine, offering a worst-case scenario. U.S. immigration lawyer Rosanna Berardi told CBC News she doesn't believe Canadians will face such repercussions. However, Fine says, following recent news reports of heightened immigration scrutiny under the Trump administration, he's not taking any chances. "[From] what I'm seeing going on in the States the last few months, we don't know if there'd be leniency," he said. "That's what we're a little worried about." CBC News reached out to U.S. Citizenship and Immigration Services and the Department of Homeland Security to clarify if, come April 11, the paperwork the Fine's currently have — an email stating the U.S. government has received their completed registration — is acceptable. Neither responded to that question, or to other questions regarding clarification of the registration rules. They also did not comment directly on the lawsuit. Instead, both emailed the same one-paragraph reply that re-stated the new rule, and ended by stating that the registration requirement "aligns with the Trump Administration's ongoing efforts to enhance the safety and security of the United States." Some snowbirds not sure they'll return to U.S. The lawsuit specifically references Canadian snowbirds, suggesting if the requirement deters them from wintering in the U.S., it could cause financial harm to Americans. "They're a boon to many communities, particularly in places like Florida," said Lapointe of the Immigration Council. "This is an issue that the government should have looked at." The Fines haven't made up their minds if they'll return to the U.S. next winter, citing the registration requirement and related issues, such as Trump's trade war. They hope the lawsuit is successful so that if they do return, they'll have one less thing to worry about.
The Hill
31-03-2025
- Politics
- The Hill
Immigration advocates challenge rule requiring migrant registry
A coalition of immigration advocates has sued the Trump administration over a policy that requires migrants to self-register with the government. The Trump administration's interim rule points to a little-used provision of the Immigration and Nationality Act that requires anyone over the age of 14 who is unlawfully present in the country to register with authorities and alert the government of any change in address. 'This rule is an invitation for widespread abuse. We're talking about a new reality in the United States, in which anyone perceived to be an immigrant would have to carry their identity documents any time they leave the house and be prepared to show them to law enforcement on demand, at risk of being arrested,' Michelle Lapointe, legal director at the American Immigration Council, said in a statement. 'The United States is not a 'carry your papers' country, and this rule jeopardizes the freedoms and rights of millions of people who live here.' The suit challenges the rule under the Administrative Procedures Act, arguing the government cannot issue such a far-reaching shift in policy without undergoing notice and comment rulemaking. The Department of Homeland Security did not immediately respond to a request for comment. The suit noted an interview from Homeland Security Secretary Kristin Noem, in which she said the platform would be used to help migrants 'relocate' to their home country. 'The government has never before required registration as part of a campaign to prioritize the prosecution of misdemeanor immigration offenses and to encourage 'self-deportation,'' the suit says. Those in the U.S. on visas and other legal pathways already are fingerprinted and coordinate with immigration agencies. Expanding the process to those in the country unlawfully is not expected to drive voluntary compliance. The government is largely unaware of where the nation's estimated more than 11 million people illegally in the country live, and the threat of deportation is likely to make most migrants hesitant to register. But immigration advocates cited greater risks in seeking to get groups to register with the government. 'History has shown us the dangers of forcing scapegoated community members to register with the government. Trump's registration rule is ripped right out of the authoritarian playbook, and in the past this road has led to internment and concentration camps. All of us must reject this horrific attempt to criminalize, entrap, and spread more fear and chaos in our neighborhoods,' Nicholas Espíritu, deputy legal director at the National Immigration Law Center, said in a statement. 'Make no mistake, the Trump administration's registration scheme threatens not only the freedom of immigrants, but our collective freedom – and we will not let history repeat itself.'
