When I travel in a foreign country I carry either my passport, my passport card or a photo copy. need to have ID and all visitors need to have ID. Without it you are prone to getting detained until you prove you are here legally.
many foreigners in the U.S. are required to carry proof of their identity and legal immigration status at all times, as mandated by U.S. immigration law and recent enforcement efforts under the
Alien Registration Act. This requirement applies to most non-citizens, including green card holders and those on various visas, and failure to produce these documents can result in legal penalties, including fines or imprisonment. Acceptable documents include a Green Card (Form I-551), a printout of the electronic I-94 record for visitors, or other forms demonstrating legal status.
By law, non-citizens, including undocumented immigrants, are required to carry proof of their registration with the U.S. government at all times. Failure to do so is a federal misdemeanor.
The "carry your papers" law
- Decades-old law enforced again: A federal law dating back to the 1950s—the Immigration and Nationality Act—requires all non-citizens aged 18 and older to carry their "alien registration" documents. While this law was not strictly enforced for many years, the Trump administration announced in 2025 that it would be strictly enforced, signaling an intent to crack down on undocumented immigration.
- New registration rules: In 2025, new rules were implemented requiring non-citizens in the U.S. for 30 days or longer to register with U.S. Citizenship and Immigration Services (USCIS) using Form G-325R.
- Registration proof: After registering and providing biometrics, individuals receive a document from USCIS proving their registration, which they must carry.
- Penalties for non-compliance: Anyone who fails to carry this proof of registration can face a misdemeanor charge, fines, and jail time.
Rights during law enforcement encounters
- The right to remain silent: Despite the requirement to carry documents, undocumented individuals still have constitutional rights, including the right to remain silent and to refuse to answer questions about their immigration status.
- Requesting a lawyer: If an undocumented immigrant is arrested, they have the right to speak to a lawyer.
- What to say: The American Civil Liberties Union (ACLU) advises that if you do not have immigration papers, you should tell the officer that you wish to remain silent or consult with a lawyer before answering questions. You should not provide false documents or lie about your status.
ID access for undocumented immigrants
- No REAL ID: Undocumented immigrants are not eligible to receive a federal REAL ID, which is required for domestic flights and entry into certain federal facilities as of May 7, 2025.
- State-issued IDs: Many states do issue non-REAL ID compliant driver's licenses or other state identification cards to undocumented immigrants. These IDs cannot be used for federal purposes but can be used for driving and other state-level needs.