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Do Green Card holders have to carry immigration documents at all times? What law says amid ICE fines
Rueben Antonio Cruz, a lawful and permanent resident of Chicago, was slapped with a $130 fine by ICE for not failing to present his identification.
A long-dormant federal rule that could impact Green Card holders is being brought back in the US. Last week, Rueben Antonio Cruz, a lawful and permanent resident of Chicago, was slapped with a $130 fine by US Immigration and Customs Enforcement (ICE) for not failing to present his identification.
Aaron Reichlin-Melnick of the American Immigration Council noted on X that this was the first case he was seeing where a green card holder had been ‘criminally charged for failure to carry papers.’
Do Green Card holders have to carry immigration papers?
Typically, a Green Card holder must carry the necessary immigration documents. The rule ICE is imposing, draws from the 1940-enacted Immigration and Nationality Act (INA), Section 264. It says that a green card or alien registration card is usually needed as proof of registration for all non-US citizens, aged 18 or above. Green card holders must carry the Permanent Resident Card (Form I-551), at all times.
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It is a misdemeanor to break this clause and the initial fine cap was $100. However, the Department of Homeland Security (DHS) now considers sentencing rules to include fines up to $5,000 or up to 30 days in jail. “Noncompliance is a misdemeanor punishable by a fine of up to $5,000 or imprisonment for not more than thirty days, or both,” DHS affirmed in a new rule that came out in March.
Reichlin-Melnick, speaking about how things were under the Donald Trump administration, said “It's a law that's been on the books for generations but virtually never used. Now Trump's brought it back.” Explaining how Cruz's case went down, he added "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,” he added.
