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Alert for Green Card holders: Lawful Chicago resident fined as DHS reinforces long-dormant immigration law
Rueben Antonio Cruz, a 60-year-old Chicago resident, was fined $130 by ICE for not presenting identification.
Rueben Antonio Cruz, a 60-year-old lawful permanent resident of Chicago, received a penalty of $130 last week by US Immigration and Customs Enforcement (ICE) officers for failing to present his identification. According to NBC Chicago and the Chicago Tribune, it was an everyday stop that ended without any incarceration but brought attention to a long-dormant federal rule that is currently being resurrected.
In a post on X on Tuesday, Aaron Reichlin-Melnick of the American Immigration Council stated, “This is the second case I've seen in the last month (the first involving a person with a green card) of a noncitizen criminally charged for failure to carry papers.”
“It's a law that's been on the books for generations but virtually never used. Now Trump's brought it back,” Reichlin-Melnick added.
Explaining the case of Cruz, who is originally from El Salvador and even has heart issues, he wrote: “We have a very literal “show me your papers” arrest.”
“He was chilling with a friend when ICE officers demanded to see his papers. He didn't have them on him, so they detained him and interrogated him. He was eventually released — but with the ticket.”
What we know about law regarding carrying immigration docs
The rule is derived from the 1940-enacted Immigration and Nationality Act (INA), Section 264. A green card or alien registration card is typically required as proof of registration for all non-US citizens who are 18 years of age or older.
Breaking this clause is a misdemeanor. Although the initial fine cap was set at $100, the Department of Homeland Security (DHS) currently considers general sentencing rules to include fines of up to $5,000 or up to 30 days in jail.
In a new rule released in March, DHS affirmed this contemporary interpretation: "Noncompliance is a misdemeanor punishable by a fine of up to $5,000 or imprisonment for not more than thirty days, or both."
Green card holders face challenges under Trump 2.0 govt
In order to ensure that agencies "faithfully execute the immigration laws," President Donald Trump enacted Executive Order 14159 on January 20. This essentially overturned previous guidelines that granted cops authority in such minor enforcement.
The goal of the 2025 policy push was to bring back previously inactive provisions of the statute by explaining the definition of “registered” and establishing a procedure for those who are not.
All registered noncitizens are now required by federal regulations to carry proof with them at all times; failure to do so may result in fines or criminal penalties.
Cruz was fined as a result of increased document checks brought about by the enhanced operation known as "Operation Midway Blitz" in Chicago, a procedure that local media reported had been "rarely seen" up to this point.
