Trump-era rule: No exception for Indians; H-1B workers must carry ID at all times

DHS rule mandates H-1B workers, including Indians, carry ID.

In a major policy shift, all immigrants in the United States—including legal residents, workers, and students—are now required to carry their identification documents at all times. The directive, confirmed by the Department of Homeland Security (DHS), follows a recent court ruling allowing a Trump-era immigrant registration rule to proceed.

“All noncitizens 18 and older must carry this documentation at all times,” the DHS said in a statement released on Friday. “This administration has directed DHS to prioritise enforcement, there will be no sanctuary for noncompliance.”

The requirement applies to all noncitizens, even those legally residing in the U.S. on visas such as H-1B or student permits. Children of immigrants must also re-register and submit fingerprints within 30 days of turning 14, according to Times of India.

The measure is expected to significantly impact undocumented immigrants. While DHS data estimates 2.20 lakh Indians were residing illegally in the U.S. as of 2022, the Pew Research Center puts the figure at 7 lakh, and the Migration Policy Institute estimates it at 3.75 lakh—revealing a wide range in projections. This Indian cohort would now fall under stricter scrutiny, TOI reported.

The policy gained legal ground when U.S. District Judge Trevor McFadden, a Trump appointee, dismissed a legal challenge brought by advocacy groups including the Coalition for Humane Immigrant Rights and United Farm Workers of America. “As organisations, many of their harms are too speculative, and they have failed to show that the Rule will erode their core missions,” Judge McFadden wrote, according to Reuters.

Nicholas Espiritu, deputy legal director at the National Immigration Law Center, called the ruling “disappointing” and warned it would “force people into an impossible choice between registering and risking immediate deportation or refusing and facing penalties.”

The regulation, effective from April 11, marks a significant escalation in immigration enforcement.

(With agency inputs)