Immigration Insights Episode 10 | EB-5 and the Trump Gold Card: Insights on Investment Immigration Reform [Podcast]
In this episode of GT’s Immigration Insights series, Greenberg Traurig attorneys Kate Kalmykov and Jennifer Hermansky examine President Donald Trump’s recent announcement about introducing a Trump Gold Card, a new $5 million investment-based green card, and its implications for the existing EB-5 visa program in the United States.
Kate and Jen provide insights into the announcement’s intention to potentially replace or run the Gold Card program concurrently with EB-5. They highlight the intricacies and requirements of the EB-5 program.
While discussing the legislative process required to repeal or modify the EB-5 program, both attorneys note that changes to immigration law can occur through Congressional action which may occur in conjunction with recommendations from the executive branch. They also touch upon challenges such as expanding immigrant visa quotas and the possible reallocation of diversity visa numbers. The discussion also focuses on what the announcement means for current and pending EB-5-based green card holders and applicants.
The episode further explores international golden visa programs and how other countries structure investment immigration initiatives.
Tougher Immigration Enforcement at the State Level: Tennessee Law Supplements the New Trump Administration’s Immigration Enforcement Policies
While much attention has been given to the Trump Administration’s early federal policy objectives to increase immigration enforcement, clients should also be aware of similar increased enforcement policies at the state level.
Last month, Tennessee Governor Bill Lee signed into law a bill passed by the state legislature during a recent special legislative session. The new Tennessee law attempts to strengthen immigration enforcement in Tennessee with the following measures:
Creates a Centralized Immigration Enforcement Division at the state level, to be led by a Chief Immigration Enforcement Officer (“CIEO”) appointed by the Governor. The CIEO will coordinate directly with the Trump Administration on federal immigration policies and implementation.
Establishes a new driver’s license that distinguishes U.S. citizens from legal permanent residents.
As Tennessee law already prohibits sanctuary cities, the law now makes it a felony for local officials to adopt or maintain sanctuary city policies.
Through provision of grants, encourages local governments to participate in enforcing federal immigration policies by entering into agreements with federal authorities. The grants may be used for training, operational expenses, investment in law enforcement equipment to be used for enforcement of immigration laws or other activities and programs deemed appropriate by the CIEO. The law also establishes penalties for local officials who do not comply with enforcement mandates.
It is expected that the constitutionality of the new law will be quickly challenged. Consequently, Epstein Becker Green will continue to monitor these developments and provide updates should this happen. The new law took effect February 2025 so clients should be prepared for the implementation of these new measures in the coming weeks. It is also expected that other states may follow suit with similar enforcement measures.
Cross-Border Catch-Up: Employer Considerations for International Secondments [Podcast]
In this episode of our Cross-Border Catch-Up podcast series, Shirin Aboujawde (New York) and Maya Barba (San Francisco) discuss an important global mobility topic: international secondments. Maya and Shirin focus on key issues for employers to consider, including immigration compliance, employment law considerations in both the home and host countries, as well as obligations related to income tax, social security, and corporate taxation.
USCIS Announces Noncitizen Registration Requirement
On February 25, 2025, U.S. Citizenship and Immigration Services (USCIS) announced a registration and fingerprinting requirement for noncitizens present in the United States.
Quick Hits
All noncitizens fourteen years of age or older who were not fingerprinted or registered when applying for a U.S. visa (or previously registered children who turn fourteen years old) and who remain in the United States for thirty days or longer must apply for registration and fingerprinting.
The specific process for registration has not yet been announced.
Those who are required to register should create a USCIS online account to prepare for the registration process. Failure to comply will result in civil fines and potential criminal misdemeanor charges.
On January 20, 2025, President Trump issued Executive Order (EO) 14159, “Protecting the American People Against Invasion,” which expands the administration’s efforts to address illegal entry and unlawful presence of foreign nationals. The EO also authorizes the establishment of federal Homeland Security Task Forces to coordinate with state and local law enforcement agencies, and it requires all noncitizens to register their status to provide law enforcement with the information necessary to fulfill immigration status verification.
USCIS issued the initial details on the registration process, which includes the requirement for all noncitizens fourteen years of age or older who were not fingerprinted or registered when applying for a U.S. visa (or previously registered children who turn fourteen years old) and who remain in the United States for thirty days or longer, to apply for registration and fingerprinting. USCIS has urged those who are required to register to create a USCIS online account to prepare for the upcoming registration process.
Many noncitizens present in the United States have already fulfilled the registration requirement, and no further action should be required to register. Noncitizens who are already compliant and registered include the following:
individuals issued a Form I-94 or I-94W (paper or electronic) admission record upon entry into the United States;
individuals issued immigrant or nonimmigrant visas prior to their entry into the United States;
individuals issued an employment authorization document (EAD);
applicants for permanent residence using certain forms, including Form I-485, Application to Register Permanent Residence or Adjust Status;
individuals paroled into the United States under INA 212(d)(5), even if the period of parole has expired;
individuals who have been placed in removal proceedings;
individuals issued Border Crossing Cards; and
lawful permanent residents.
Noncitizens who are not registered and will be expected to complete the registration process include those in the following categories:
previously registered children who turn fourteen years old (they must reregister within thirty days of reaching their fourteenth birthday);
individuals who entered the United States without being inspected and admitted or paroled;
individuals who are present in the United States under a humanitarian program and have not been issued an EAD card or other proof of registration, including Deferred Action for Childhood Arrivals (DACA) recipients, temporary protected status (TPS) recipients, and those present under other humanitarian programs; and
Canadian visitors who entered the United States via a land border port of entry, if they were not issued an I-94 admission record upon entry and will remain in the United States for at least thirty days.
Failure to comply with the registration requirement may result in civil fines and potential criminal misdemeanor charges. The U.S. Department of Homeland Security (DHS) will issue official evidence of registration, which all noncitizens over the age of eighteen will be expected to carry at all times.
Next Steps
DHS will soon announce the details of the registration process. Noncitizens present in the United States should create a USCIS online account to prepare for the registration process.
New Lawsuit Challenges Trump Administration’s Termination of TPS for Haiti and Venezuela
Haitian-Americans United, Inc., Venezuelan Association of Massachusetts, UndocuBlack Network, Inc., and four individual Haitian and Venezuelan migrants residing in Boston filed a lawsuit in U.S. District Court for the District of Massachusetts on March 3, 2025, challenging the Department of Homeland Security’s (DHS’s) decision to terminate Haitian and Venezuelan Temporary Protected Status (TPS). Haitian-Americans United Inc., et al. v. Trump, No. 1:25-cv-10498.
The latest lawsuit joins two existing suits filed in the U.S. District Court for the Northern District of California and the U.S. District Court for the District of Maryland on Feb. 20, 2025, challenging the termination of Venezuela TPS.
The suit alleges that DHS Secretary Kristi Noem lacked legal authority to vacate former DHS Secretary Alejandro Mayorkas’ July 1, 2024, decision to grant an 18-month extension of TPS for Haiti, and his Jan. 17, 2025, decision to grant an 18-month extension of TPS for Venezuela.
The complaint cites “dehumanizing and disparaging statements” that President Donald Trump has made against Haitian and Venezuelan migrants, including the claim that Haitians in Springfield, Ohio, were eating dogs and cats.
The suit further contends that the Trump Administration is discriminating against both groups of migrants based on race, ethnicity, or national origin in violation of the Fifth Amendment’s Equal Protection Clause.
In addition to violations of the Equal Protection Clause, the suit cites violations of the Administrative Procedure Act. It asks the court to declare that former DHS Secretary Mayorkas’ 18-month extensions of Haiti and Venezuela TPS remain in effect and to enjoin enforcement of Secretary Noem’s decisions to terminate Haiti and Venezuela TPS.
The plaintiffs request that the court issue an injunction “preliminarily and permanently” precluding DHS from implementing or enforcing the 2025 Haiti Vacatur, the 2025 Venezuela Vacatur, and the 2025 Venezuela Termination.
Immigrants’ Rights in the U.S. – A Comprehensive Guide
Immigrants’ Rights in the U.S. – A Comprehensive Guide Immigrants in the United States, regardless of their legal status, have certain rights and protections under the law. Knowing these rights can help protect individuals from unnecessary legal risks when interacting with law enforcement, ICE (Immigration and Customs Enforcement), or Border Patrol agents. This guide provides […]
The “Gold Card”: Analyzing the Latest Immigration Innovation
In public remarks on Tuesday February 26th, President Trump spoke about a proposal for a new type of U.S. visa, a “Gold Card”. While the President did not go into details, he suggested that this new visa could be issued to companies or to individuals for $5 million per card. Other members of the administration suggested that this new status will replace the existing EB-5 investor visa program. If the administration chooses to pursue implementing this new visa, the proposal will have to go through multiple stages of development including congressional legislation to update the Immigration and Nationality Act, making President Trump’s statement about availability within weeks unlikely.
If this proposal does become law, the United States will join several other countries with “Golden Visa” programs, including Portugal, the UAE, Dominica, and Thailand. These programs are designed to attract foreign investment by granting residency or citizenship in exchange for substantial financial contributions, such as investments in real estate, business, or government bonds. The U.S. program differs as it is designed to pay off the U.S. debt rather than create jobs through investment. If this program becomes law, it will be the most expensive Golden Visa in the world.
There is a significant tax benefit attached to this Gold Card proposal. Wealthy foreign nationals tend to avoid becoming U.S. permanent residents and/or U.S. citizens to avoid U.S. taxation on their worldwide income. To attract future Gold Card holders, the administration says the U.S. will not tax them on their worldwide income, but only on their U.S. income. This will give Gold Card holders a benefit not provided to current permanent residents or U.S. citizens. It is unclear if the idea is for this benefit to continue if they choose to become U.S. citizens or is only available to those who remain in Gold Card status.
The New Enforcement Landscape Under the Trump Administration’s Executive Orders
President Trump’s executive orders, signed on January 20, 2025, have significantly altered the immigration enforcement landscape. Key changes include:
Declaring a national emergency at the southern border
Expanding enforcement priorities to include broader categories of removable immigrants
Increasing Immigration and Customs Enforcement (ICE) presence for more worksite enforcement operations
Revoking federal funding from jurisdictions not complying with federal immigration laws
These actions signal a renewed focus on worksite enforcement, with increased audits, raids, and stricter penalties for I-9 violations. Employers must be prepared for unannounced visits that could disrupt operations and potentially lead to employee detentions in light of the Trump administration’s recent executive orders on immigration enforcement, ICE, and the Fraud Detection and National Security (FDNS) unit of U.S. Citizenship and Immigration Services (USCIS). The following guide outlines critical steps employers should take to ensure I-9 compliance, E-Verify compliance, and prepare for potential site visits.
I-9 Compliance Guide
The cornerstone of immigration compliance for employers is proper completion and maintenance of I-9 forms. Here are the essential steps to ensure I-9 compliance:
1. Timely Completion
Ensure Section 1 is completed by the employee on or before the first day of employment.
Complete Section 2 within three business days of the employee’s start date.
2. Document Verification
Physically examine documents presented by employees to establish identity and work authorization.
For E-Verify participants, ensure that List B documents contain a photograph.
3. Record Keeping
Retain I-9 forms for all current employees and for terminated employees as required by law.
Store I-9 forms securely, separate from other personnel records.
4. Regular Audits
Conduct internal audits of I-9 forms to identify and correct errors.
Consider using electronic I-9 systems to streamline compliance and reduce errors.
5. Training
Provide comprehensive training to HR personnel on I-9 compliance requirements.
Ensure staff understands proper completion, storage, and retention of forms.
E-Verify Compliance Guide
To prepare for a potential E-Verify site visit, employers should take the following compliance steps:
1. Account Maintenance
Ensure at least one program administrator is listed on the E-Verify account.
Keep the company profile up to date.
Verify all users have completed required tutorials, including refresher training.
2. Documentation and Record-Keeping
Maintain organized and secure storage of all I-9 forms and E-Verify records.
Be prepared to present all information originally submitted with E-Verify petitions.
Ensure List B identity documents have a photo.
3. Correct Records, as Needed
As per the E-Verify User Manual, if an employer discovers they inadvertently failed to create a case by the third business day, they should bring themselves into compliance immediately by creating a case for the employee. However, this applies to recent hires, not long-term employees.
The E-Verify User Manual goes on to say, “Do not create a case for an employee whose first day of employment is before the effective date of the employer’s MOU.”[1] As such, for employees who have been with the company for a while, submitting an E-Verify case long after their start date is generally not recommended.
4. Workplace Notifications
Clearly display E-Verify Notice of Participation and Right to Work posters in English and Spanish.
Consider displaying posters digitally, online, or providing copies with job applications.
5. Training and Preparation
Ensure all staff involved in I-9 verification are well-trained and up to date on procedures.
Conduct regular internal audits to identify and correct any compliance issues.
Consider having an attorney conduct an external audit to preserve privilege.
Preparing for Site Visits
With the increased possibility of ICE or FDNS site visits, employers should take proactive steps to prepare:
1. Develop a Written Response Protocol — create a comprehensive plan that outlines:
Designated points of contact for handling site visits;
Steps for verifying the identity and authority of visiting agents;
Procedures for notifying legal counsel and management; and
Guidelines for employee interactions with agents.
2. Designate and Train Key Personnel
Appoint primary and alternate contacts familiar with immigration compliance.
Ensure these representatives are prepared to greet inspectors and facilitate the visit.
Train front-line employees on how to respond to agent arrivals.
3. Know Your Rights and Limits
Understand the difference between administrative and judicial warrants.
Be aware that ICE agents cannot enter private areas without a valid judicial warrant or consent.
Clearly mark and designate private areas within your workplace.
4. Prepare Documentation
Maintain organized and easily accessible I-9 records.
Keep copies of visa petitions, Labor Condition Applications, and other relevant immigration documents for foreign national employees readily available.
Consider creating a “compliance binder” with key information about your organization and employees.
5. Educate Employees
Inform employees about their rights during a site visit, including the right to remain silent and request legal representation, and the right to refuse to sign documents without legal advice.
Provide “Know Your Rights” cards to employees, which are available in multiple languages.
Conduct mock site visits to train/familiarize staff with procedures and teach them how to best respond to inquiries politely and assertively.
During a Site Visit:
If ICE or FDNS agents arrive at your workplace, follow these steps:
Verify Credentials: Ask to see and record the agents’ identification and badge numbers.
Review Warrants: If presented with a warrant, carefully review its scope and validity.
Contact Legal Counsel: Immediately notify your designated legal representative.
Limit Access: Only provide access to areas and documents specified in a valid warrant (for ICE visits) or (in FDNS visits) documents, information, and interviews related to information that was provided in an immigration benefits filing for a foreign national worker.
Document the Visit: Take detailed notes of all interactions, including questions asked and answers provided.
Accompany Agents: Do not leave agents unattended in your workplace.
Maintain Calm: Encourage employees to remain calm and professional throughout the process.
Post-Visit Actions
After a site visit, take the following steps:
Debrief with legal counsel and the management team.
Review notes and documentation from the visit.
Address any compliance issues identified during the inspection.
Consider conducting a full I-9 audit, if not recently completed.
Reinforce training for employees based on the visit experience.
Potential Consequences and Penalties
Employers should be aware of the increased penalties for I-9 violations in 2025:
Type of Violation
Old Fine
New Fine
Substantive Form I-9 violations (minimum)
$281
$288
Substantive Form I-9 violations (maximum)
$2,789
$2,861
Knowingly employing undocumented workers – 1st order
$698–$5,579
$716–$5,724
Knowingly employing undocumented workers – 2nd order
$5,579–$13,946
$5,724–$14,308
Knowingly employing undocumented workers – subsequent
$8,369–$27,894
$8,586–$28,619
Document fraud – 1st order
$575–$4,610
$590–$4,730
Document fraud – subsequent order
$4,610–$11,524
$4,730–$11,823
Prohibition of indemnity bonds
$2,789
$2,861
Further, E-Verify participation may be terminated and employers will be reported to agencies that investigate illegal employment activities if E-Verify finds evidence of misuse, abuse, discrimination, and/or fraud.
These steep penalties underscore the importance of maintaining strict compliance with immigration laws and being prepared for potential site visits.
In Conclusion
As the enforcement landscape evolves under the new administration, employers must prioritize I-9 compliance and preparation for potential site visits. By implementing robust compliance programs, training staff, and developing clear response protocols, businesses can mitigate risks associated with immigration enforcement actions.
Remember, while cooperation is generally advisable, employers also have rights during these visits. Balancing cooperation with protection of your business interests is crucial. By staying informed, prepared, and proactive, employers can navigate this challenging environment while maintaining compliance.
[1] “MOU” refers to the E-Verify Memorandum of Understanding for Employers.
DHS Revises Haiti TPS Extension, Accelerates Registration Period
On February 24, 2025, U.S. Department of Homeland Security (DHS) Secretary Kristi Noem amended the extension and designation period for temporary protected status (TPS) for Haiti and accelerated the initial registration period for new applications under the new designation from February 3, 2026, to August 3, 2025.
Quick Hits
In July 2024, TPS for Haiti was redesignated and extended until February 3, 2026.
DHS Secretary Kristi Noem reconsidered and partially vacated the 2024 decision, reducing the designation and extension period from eighteen months to twelve months.
The initial registration period for new applicants under the 2024 designation and the 2024 Haiti TPS extension will remain in effect until August 3, 2025.
On February 24, 2025, U.S. Citizenship and Immigration Services (USCIS) published a partial vacatur of the 2024 TPS decision for Haiti in the Federal Register. The partial vacatur reduces the designation period from eighteen months to twelve months, with the new TPS extension and designation set to expire on August 3, 2025, instead of February 3, 2026.
USCIS will apply an expiration date of August 3, 2025, to any applications for employment authorization, initial registration, and re-registration filed pursuant to the July 1, 2024, notice that are still pending with the agency. Previously approved TPS-related documentation that shows a February 3, 2026, expiration will not be recalled by USCIS but will remain valid only until the end of the new TPS designation period on August 3, 2025.
The notice states that all employers and federal, state, and local government agencies (including the Department of Motor Vehicles) must update their records to reflect the new expiration date of August 3, 2025, for Haiti TPS-related documents. If an employer or agency receives an Employment Authorization Document (EAD) with the TPS category codes A12 or C19 that is set to expire on February 3, 2026, the employer or agency must record the earlier expiration date of August 3, 2025.
DHS originally designated Haiti for TPS on January 21, 2010, following a devastating 7.0-magnitude earthquake. The Department of State and DHS conducted an initial review of the conditions in Haiti and determined that the extent of destruction and the humanitarian challenges present constituted extraordinary and temporary conditions, preventing Haitian nationals (and individuals without nationality who last resided in Haiti) from safely returning. DHS redesignated and extended TPS for Haiti in 2011, 2013, 2015, and 2017. On January 18, 2018, DHS announced the termination of the TPS designation, noting that the conditions in Haiti no longer supported the designation. To provide time for an orderly transition, the DHS set a termination date of July 22, 2019. Due to multiple lawsuits challenging the program’s termination, DHS stated that it would “continue to extend the benefit and documents if required to comply with court orders.”
On August 3, 2021, DHS announced a new eighteen-month designation of TPS for Haiti. This designation allowed Haitian nationals (and individuals without nationality who last resided in Haiti) to file initial applications for TPS if they were residing in the United States as of May 21, 2021, and met the eligibility requirements. DHS designated Haiti for TPS due to severe and extraordinary conditions, including serious security concerns, social unrest, an increase in human rights abuses, crippling poverty, and lack of basic resources, all of which were exacerbated by the COVID-19 pandemic. DHS extended and redesignated TPS for Haiti in 2023 and again in 2024, with the designation lasting until February 3, 2026. However, in partially vacating the 2024 extension and designation, DHS Secretary Noem cited national security concerns and changing conditions in Haiti. She also noted that there was no explanation provided for selecting an eighteen-month extension instead of a six-month or twelve-month extension.
Next Steps
DHS Secretary Noem will need to review the current conditions in Haiti to assess whether they continue to meet the requirements for TPS designation. This review must occur at least 60 days before the end of the current extension period. Consequently, the agency is required to announce its decision regarding the extension or termination of TPS for Haiti by June 4, 2025. If no determination is made by this deadline, the 2024 designation will automatically extend for an additional six months beyond its expiration date of August 3, 2025. If TPS for Haiti is terminated, beneficiaries must obtain alternative immigration status and employment authorization by the applicable termination date to remain in the United States.
The New Alien Registration Requirement
With the exception of two much earlier schemes – the Alien Registration Act of 1940, which registered 6 million noncitizens during World War II, and the National Security Entry-Exit Registration System (NSEERS), which operated briefly after the 9/11 attacks – the term “registration” in the U.S. immigration system has been applied, in practice, only to the process of applying for permanent residence. In fact, the green card is officially called an “Alien Registration Card” or “Alien Registration Receipt Card.”
On February 25, 2025, the Department of Homeland Security announced a new scheme, the Alien Registration Requirement, that applies the term much more broadly by requiring all noncitizens in the United States to register. The announcement lists categories of people, lifted directly from a 1960 regulation, who are deemed to already be registered. These are people who have green cards, parole, I‑94s, visas, EADs or Border Crossing Cards, anyone in removal proceedings, anyone who has filed a form associated with lawful permanent residence, and anyone who has been fingerprinted for another benefit such as DACA or Temporary Protected Status.
Under the Alien Registration Requirement, those who do not meet pre-registration criteria must file a new form, which has not yet been released, by creating a myUSCIS online account. At this time, there appears to be no alternate procedure for those who do not have internet access. There are no exceptions to the requirement based on advanced age or youth: parents and guardians must register on behalf of unregistered children under age 14.
The new registration form is likely to contain, at a minimum, the questions prescribed in 8 USC §1304, “Forms for registration and fingerprinting,” which include:
Date and place of entry
Activities in which the individual has been and intends to be engaged
Length of time expected to remain in the United States
Police and criminal record, if any
Although details are not yet available, there is likely to be a deadline to register. Registrants will certainly be required to attend biometrics appointments, and some – possibly based on answers they provide on the form – may be required to report for in‑person interviews. Although DHS says registrants will receive evidence of compliance that they can keep and present when required, it is also highly likely that any undocumented immigrant who complies may be detained and subject to removal.
In addition, all children who reach age 14 in the United States, whether they already hold registration evidence or not, must re-register on their own account within 30 days of their 14th birthdays to be fingerprinted. Presumably, this provision is included because fingerprints are waived for children under age 14 who apply for U.S. visas, green cards, parole, or other benefits that qualify as registration and, it appears, will also be waived for these children under the new system.
The law has always required that children who become permanent residents apply to replace their green cards within 30 days of reaching age 14 (unless the card will expire before their 16th birthday) for the express purpose of being fingerprinted. The provision is essentially unenforceable and no penalty is routinely levied for noncompliance even when the child later applies to replace their green card, which must be renewed every 10 years.
The new registration scheme cites “criminal and civil penalties, up to and including misdemeanor prosecution and the payment of fines” for noncompliance with any of its provisions.
Under existing law, since 1952, it has been a misdemeanor to “willfully fail” to register, carrying monetary penalties of up to $1,000 and/or 6 months in jail, although no specific registration requirement has been established.
The law also already requires noncitizens age 18 and over to carry their “certificate of alien registration” or “alien registration receipt card” at all times or be subject to prosecution, fines up to $100, and/or 30 days’ jail time. More than 3 million nonimmigrants are estimated to be in the United States on tourist, student and work visas. It’s unlikely that many of them carry their passports with visas or their I‑94 admission records as they go about their daily lives. By the same token, an estimated 13 million permanent residents are unlikely to carry their green cards to work, college, or out shopping every day. These are all valuable legal documents that are expensive, difficult and time consuming to replace.
Another provision, also from the 1950s, levies a $200 fine and/or 30-day sentence for not filing a change-of-address notice within 10 days of each residential move – something even people with green cards are required to do, and routinely do not.
These penalties, like the “registration” statutes and regulations, have been on the books for decades but not routinely enforced. Many may assume the new Alien Registration Requirement does not apply to them but only to those who are unlawfully present in the country. However, the Executive Order on which the requirement is based directs federal agencies to make compliance with all of its provisions an “enforcement priority,” requiring action from those who are lawfully present as well.
Nonimmigrants and permanent residents over age 18 must now weigh the legalities and risks of not carrying their registration evidence on their persons. This includes travelers from Visa Waiver Countries who arrive on ESTA and remain in the country for more than 30 days. All nonimmigrants are also well advised to check whether their children have turned age 14 since they were last issued an I-94, a visa, or a green card.
Executive Order Introduces New Registration Requirements for Certain Noncitizens
On Jan. 20, 2025, the Trump administration issued an executive order entitled “Protecting the American People Against Invasion,” aimed at enhancing compliance with the Immigration and Nationality Act (INA) section 262. This statute outlines the mandatory registration and fingerprinting requirements for certain non-U.S. citizens who have not previously registered and who are staying in the country for extended periods.
Under INA section 262, all aliens 14 years of age or older who were not fingerprinted or registered when applying for a U.S. visa and who remain in the United States for 30 days or longer must apply for registration and fingerprinting. Parents and guardians must ensure that their children below the age of 14 are registered. Children must re-register and be fingerprinted within 30 days of their 14th birthdays.
The Department of Homeland Security (DHS) will introduce a new registration form and process to complete the registration requirement. While additional guidance has not been issued at the time of this blog, noncitizens who did not previously register must create a U.S. Citizenship and Immigration Services (USCIS) online account to facilitate the registration process starting Feb. 25, 2025. Once registered and fingerprinted (unless waived), DHS will issue evidence of registration, which noncitizens over the age of 18 must carry at all times. Failure to comply with these requirements will result in criminal and civil penalties, including misdemeanor prosecution and fines. Certain groups, such as American Indians born in Canada, are exempt from registration.
The executive order considers lawful permanent residents, noncitizens paroled into the United States (even if the parole period has expired), nonimmigrants with an I-94 or I-94W (even after their admission period has expired), noncitizens with immigrant or nonimmigrant visas issued before arrival, those in removal proceedings, individuals with employment authorization documents, those who applied for permanent residence (even if their applications were denied), and individuals issued Border Crossing Cards as registered for purposes of INA section 262. Noncitizens present in the United States without inspection and admission or inspection and parole, Canadian visitors who entered the country via land ports of entry and were not issued evidence of registration, and Deferred Action for Childhood Arrivals and Temporary Protected Status recipients who were not issued evidence of registration are considered unregistered and must comply with forthcoming guidance regarding registration.
The executive order specifically seeks to identify undocumented immigrants who were not inspected upon entry to the United States. Once the registration system takes effect, Immigration and Customs Enforcement agents and other law enforcement officials will be able to request evidence of registration from individuals within the United States. Failure to provide this evidence may result in detention and removal, though individuals may be deported even if they provide evidence of registration.
Potential Impacts of the Executive Order
The executive order may impact undocumented immigrants in the following ways:
Increased Enforcement: The order prioritizes the removal of non-citizens and expands the use of detention facilities. Undocumented immigrants may face detention and expedited removal processes.
Use of Military Forces: The order includes provisions for the use of military forces to support immigration enforcement activities, both at the border and within the country’s interior. This increases the manpower available for deportation operations.
Expedited Removal: The order prioritizes using expedited removal processes, which allow for quicker deportations without the need for lengthy court proceedings.
Revocation of Previous Policies: The order revokes previous executive orders that may have provided protections or slowed down the deportation process.
Additional Executive Authority: The declaration of a national emergency at the southern border unlocks additional executive authority and funding for border security and deportation efforts. This includes the use of Department of Defense resources to support immigration enforcement.
Registration Requirements: Undocumented immigrants must register and be fingerprinted if they remain in the United States for 30 days or longer. Failure to comply with these registration requirements may result in criminal and civil penalties, including fines and misdemeanor prosecution that may ultimately lead to removal processes.
Impact on Sanctuary Jurisdictions: The order restricts federal funding to sanctuary jurisdictions that do not cooperate with federal immigration enforcement. This may strain relationships between federal agencies and local governments, and potentially reduce resources available to undocumented immigrants in those areas.
Overburdened Systems: The increased enforcement and detention measures may overburden immigration detention centers and court systems, leading to delays and backlogs in immigration proceedings.
Potential Hardships: Enforcement policies may lead to humanitarian concerns, including family separations and detainee treatment.
Considerations for Noncitizens
Noncitizens present in the United States should consider taking steps to enhance compliance with the new executive order and immigration regulations, including the following:
Comply with Registration Requirements: Create a USCIS account as the executive order mandates.
Stay Informed and Monitor Policy Changes: Keep up to date with changes in immigration policies and executive orders that may affect their status.
Legal Updates: Follow updates and information disseminated from organizations and government agencies that specialize in immigration law.
Maintain Valid Documentation: Ensure that visas, passports, and any other immigration documents are valid and up to date. This includes renewing passports at least six months prior to expiration and keeping copies of all important documents.
President Trump Addresses EB-5 Green Card Program and Proposes New Gold Card Immigration Program
On Feb. 25, 2025, President Trump announced that he will seek to end the U.S. EB-5 Immigrant Investor Program, which provides foreign investors with permanent residency in the United States. The EB-5 program requires a foreign national to invest in U.S. businesses that create 10 or more jobs per investor. The program has an investment amount of $1,050,000 that can be reduced to $800,000 if the investment is made in a high unemployment area, rural area, or through a government infrastructure project. Investors and their dependents are able to attain U.S. citizenship after five years of permanent residency.
Trump’s announcement aims to replace the EB-5 visa with a “Gold Card” program, which the president stated would require an investment of $5 million and that would grant “green card plus benefits,” including a path to citizenship, which the EB-5 program already provides. No further details were given, although in his announcement he noted that a detailed plan would be published in the next two weeks. According to the president, the goal is to attract wealthy people to the United States that would create businesses and help reduce the country’s deficit.
However, the president does not have the authority to ignore or override an act of Congress, including the Immigration and Nationality Act. Congress is given the authority to pass immigration laws that control admission, exclusion, and naturalization. This power is based on the Constitution’s Article 1, Section 8, Clause 18, which gives Congress the power to make laws that are necessary and proper to carry out the Constitution’s power. Likewise, the Supreme Court has ruled that Congress has “plenary” power over immigration, which means that Congress has almost complete authority over the passage of immigration laws. In 2022, Congress reauthorized the EB-5 program through Sept. 30, 2027, with the passage of the EB-5 Reform and Integrity Act. The president does not have authority to strike down an act of Congress, including the existing EB-5 program. Likewise, Congress has exclusive control over the allocation of employment based green card numbers and any change to that would need to be done by amending the Immigration and Nationality Act. The president can propose new immigration legislation, but only Congress can make new laws and amend existing laws. The president also has the authority to enforce immigration laws through agencies like U.S. Citizenship and Immigration Services, U.S. Immigration and Customs Enforcement, and U.S. Customs and Border Protection. Any attempt to strike down the EB-5 program may be met with immediate judicial action to enjoin and strike down any such proposal.