Trump admin wants undocumented immigrants to come forward. What do NY lawyers say?

On the first day of his new term, President Donald Trump ordered the Department of Homeland Security to publicize and ensure compliance with a long-standing requirement that all unaccounted-for noncitizen immigrants register with the federal government.

Now there’s a new online form for that. The order applies to immigrants age 14 or older who have been in the United States for 30 or more days.

The Trump administration, charged with implementing the president’s call for “mass deportation” of undocumented immigrants, created an online registry for immigrants who are not yet accounted for — with threats of civil and criminal penalties for those who fail to come forward.

The registry is necessary, according to the U.S. Citizenship and Immigration Services website, because “a significant number of aliens present in the United States have had no direct way to register.”

But against the backdrop of the president’s deportation campaign, the registry has sparked inquiries to immigration attorneys in New York, which is home to some 672,000 undocumented immigrants. The most obvious question, according to practitioners: Should immigrants who have thus far flown under the radar comply?

In interviews, the attorneys told Gothamist they were ethically barred from telling clients to ignore or break the law, even as Trump has prodded ICE to ramp up the number of daily immigration arrests well beyond the 200 to 300 daily arrests under former President Joe Biden.

At the same time, the attorneys acknowledged the registration requirement poses a dilemma — one that could have negative, life-altering consequences for some, regardless of whether they register.

Here’s what to know now about the registry:

What is the registration requirement?

A law requiring registration of noncitizens has been in place for decades, but Trump is the first to create a broad, online registry for those who have not been accounted for through other administrative processes. His Jan. 20 order called on federal prosecutors to enforce the law, and administration officials followed with the online form.

The law requires any noncitizen 14 and older who hasn’t been "registered or fingerprinted" to register with the federal government within 30 days of their arrival.

Who doesn’t need to register?

Those who have already registered with the federal government don't need to register again, according to the government. That includes lawful permanent residents, many visa-holders and those issued work permits, among others.

“Many clients that we have don’t need to register because they fall within the exceptions,” said attorney Deborah Lee, who heads Legal Aid’s immigration practice.

But those living in the United States without legal status and who have remained under the radar of federal officials are now being called to come forward.

Parents and legal guardians of noncitizens under 14 years old must also register on behalf of their children.

What are immigration attorneys saying?

“ It seems like at the end, the real risk of not registering is being deported,” New York-based immigration attorney Sarah Lachman said. “And the risk of registering is being deported.”

Professional rules of conduct bar attorneys from counseling clients to engage in conduct the lawyers know is illegal or fraudulent. Accordingly, none of the attorneys interviewed explicitly advised against registering.

However, several attorneys who were asked about the difficult choice of whether to register said they would outline the potential risks of either option, as is allowed under the rules.

New York-based immigration attorney Paul O’Dwyer said his “cautious advice” is for people to register, given the risks of potential criminal penalties.

“The purpose of this has got nothing to do with the public good or public safety,” O’Dwyer said. “This is purely to do with surveillance and deportation.”

Where can the online registry be found?

Those looking to register can create an online account with U.S. Citizenship and Immigration Services, and submit an online form, called a G-325R. The form requires applicants to submit their addresses over the last five years, any criminal record and details about their family members, among other information.

The Department of Homeland Security will then issue registrants records of their registration, which they are then required to carry at all times, according to the immigration agency.

What else is the administration saying about enforcement?

In a Jan. 21 memo, the Trump administration called on federal prosecutors to pursue criminal charges against those who are found to be unregistered.

Refusal to register can result in a fine of up to $5,000 and imprisonment for up to six months, according to a Department of Homeland Security notice published in the federal register.

When was the last time the federal government enforced the registration requirement?

The last time the registration requirement was enforced was during implementation of the since-disbanded National Security Entry-Exit Registration System, or NSEERS, created in the wake of the Sept. 11, 2001 terrorist attacks.

Male visa-holders from 24 countries, which were all majority-Muslim except one, were required to submit to registration. According to a Penn State study, 80,000 men submitted to call-in registration and interrogations, and more than 13,000 were placed in deportation proceedings.