Practice Advisory: Immigrant Registration Requirement

Introduction

Under an interim final rule published on March 12, 2025 the Trump administration announced it would reactivate a long-dormant registration requirement for immigrants who did not enter with a visa. This policy forces many undocumented immigrants—including those who have lived in the U.S. for years without prior contact with immigration authorities—to register with the federal government and carry proof of registration at all times. Failure to comply may result in criminal prosecution.

For elderly immigrants and individuals with disabilities, this policy presents severe risks, including barriers to compliance, exposure to law enforcement, and increased vulnerability to deportation and criminal penalties. This advisory provides guidance for legal practitioners, service providers, and community advocates on assisting these vulnerable populations.

Overview of the Registration Requirement

The Trump administration’s new policy enforces existing federal laws (8 U.S.C. §§ 1302, 1304, and 1306), which¹:

• Require noncitizens over age 14 who have not been “registered or fingerprinted” to register with the government within 30 days of arrival.
• Mandate that all noncitizens carry proof of registration at all times.
• Attach criminal penalties, including fines and up to six months in jail, for failing to register.
• Registration requirements are not live until April 11, 2025.
• Forms are currently available for online filing, but it is recommended not to fill out the online registration before April 11, 2025.

The administration has announced that immigrants deemed already registered—such as those with work permits, deportation orders, or certain immigration documents—are exempt from filing the new registration form but must carry their documents to avoid prosecution.

The registration requirement disproportionately impacts elderly and disabled immigrants, many of whom:

• Entered decades ago without inspection and have no prior record with immigration authorities.
• Cannot easily obtain or carry proof of registration due to mobility, cognitive, or financial barriers.
• Face extreme risks of arrest and deportation if unable to comply.

Challenges for Elderly Immigrants and Individuals with Disabilities

1. Barriers to Compliance

• Elderly and disabled immigrants may struggle to understand the new requirement, especially if they lack access to legal assistance.
• Many may be unaware that they need to carry proof of registration at all times, placing them at risk of criminal charges.

2. Cognitive Impairments and Communication Barriers

• Older immigrants with dementia, Alzheimer’s, or other cognitive conditions may struggle to remember or comply with new requirements.
• Individuals with limited English proficiency or hearing, speech, or visual impairments may not understand registration obligations or how to obtain proof.

3. Digital Access and Technology Barriers

• The administration’s directive encourages immigrants to create an online USCIS account to submit their registration form².
• Many elderly immigrants lack internet access, digital literacy, or assistance to complete online forms.
• Websites may not be screen-reader compatible, making compliance impossible for those with vision impairments.

4. Fear, Mental Health, and Psychological Impact

• Confusion and misinformation surrounding the policy will likely increase fear among elderly and disabled immigrants.
• Many already suffer from anxiety, depression, or PTSD, and the constant threat of criminal penalties may worsen mental health conditions.

5. Financial Hardships

• Immigrants on fixed incomes may struggle to obtain required documents (e.g., replacements for lost green cards or work permits).
• Legal fees, transportation costs, and medical expenses may make compliance financially unfeasible.

Legal and Advocacy Strategies

For Attorneys and Legal Advocates

• Screen clients early for disabilities, cognitive impairments, or physical limitations affecting compliance.
• Request accommodations under the Rehabilitation Act³ and ADA⁴ to modify requirements for disabled individuals.
• Advocate for waivers or alternative registration methods (e.g., phone check-ins, home visits, or mail-in registration). Assist with obtaining required documents and ensure clients understand their obligations. Educate clients and caregivers using plain language and translated materials.

For Community Organizations and Service Providers

• Provide digital access support to help clients navigate online registration.
• Offer transportation assistance for elderly or disabled immigrants needing in-person appointments.
• Train volunteers to assist with compliance reminders and document preparation.
• Advocate for policies protecting vulnerable immigrants from prosecution or deportation.
• Contact your US Representative to advocate for people with disabilities and elderly⁵.

For Government Agencies and Policymakers

• Ensure all registration processes are ADA-compliant and accessible to individuals with disabilities.
• Provide language access services for immigrants with limited English proficiency.
• Implement alternative compliance measures (e.g., mail-in or remote registration options).
• Recognize the disproportionate impact of this policy on elderly and disabled immigrants and grant exemptions where possible.

Conclusion

The Trump administration’s revived registration requirement places elderly and disabled immigrants at extreme risk of criminal penalties, deportation, and hardship. Legal professionals, advocates, and service providers must take urgent action to educate, assist, and protect these vulnerable populations.

About the APILO’s Elder and Disability Rights Project:

APILO’s Elder and Disability Rights Project provides legal services in a variety of areas to assist elders and individuals with disabilities to receive public benefits and live a life free from abuse. The Elder Team works to both to prevent abuse towards elders and people with disabilities and to assist survivors of abuse. We work closely with senior centers, churches, and senior meal sites to keep our services accessible. With a team of exemplary attorneys and dedicated staff, the team provides a wide range of legal services, including naturalization assistance, other immigration cases, elder abuse, estate planning, eviction defense, conservatorship, guardianship, and restraining orders to name a few.

If you want to learn more about what our team does, please feel free to reach out to us.