DHS Migrant Registry Sparks Alarm Among Immigration Advocates
By Amba Law Immigration Solutions
Inspired by reporting from ABC News
Understanding Migrant Classifications: Asylum Seekers, Refugees, and TPS Recipients
In discussions about immigration policies, it's essential to understand the different categories of individuals involved, such as asylum seekers, refugees, and those granted Temporary Protected Status (TPS).
Asylum Seekers
An asylum seeker is someone who has fled their home country due to persecution or a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion. Unlike refugees, asylum seekers apply for protection after arriving in the host country or at its border, awaiting a legal determination of their status.
Refugees
Refugees are individuals recognized under international law as needing protection due to persecution or a well-founded fear thereof, similar to asylum seekers. However, refugees receive this recognition while still outside the host country. Since the passage of the Refugee Act in 1980, the United States has admitted more than 3.1 million refugees through the U.S. Refugee Admissions Program. This program has been a consistent humanitarian effort, separate from recent increases in migration over the past decade.
Temporary Protected Status (TPS) Recipients
Temporary Protected Status (TPS) is a humanitarian provision granted by the U.S. government to individuals from countries experiencing ongoing armed conflict, environmental disasters, or other extraordinary conditions that temporarily prevent safe return. TPS allows beneficiaries to live and work in the United States for limited periods without fear of deportation. It's important to note that TPS does not lead to permanent resident status but provides temporary relief during designated periods.
Once a country's TPS designation is terminated, beneficiaries return to the immigration status they held prior to receiving TPS, unless they have successfully acquired a new immigration status during the TPS period. For those who were undocumented before obtaining TPS and have not adjusted their status through other legal avenues, the termination of TPS means they revert to being undocumented and become subject to removal (deportation) from the United States.
Given the potential consequences of TPS termination, it's crucial for beneficiaries to explore all available legal options to adjust their immigration status before their TPS expires. Consulting with an immigration attorney can provide guidance tailored to individual circumstances.
Countries Designated for TPS Over the Past Decade
Over the past decade, several countries have been designated for TPS due to various crises. As of January 2025, the following countries have active TPS designations:
El Salvador: Designated in 2001 due to a series of earthquakes.
Haiti: Designated in 2010 following a devastating earthquake.
Honduras: Designated in 1999 after Hurricane Mitch.s
Nepal: Designated in 2015 following a major earthquake.
Nicaragua: Designated in 1999 after Hurricane Mitch.
Somalia: Designated in 1991 due to ongoing armed conflict.
South Sudan: Designated in 2011 following its independence and ensuing conflict.
Sudan: Designated in 1997 due to ongoing civil conflict.
Syria: Designated in 2012 amidst the civil war.
Venezuela: Designated in 2021 due to political and economic crises.
Yemen: Designated in 2015 due to ongoing conflict.
Burma (Myanmar): Designated in 2021 following a military coup.
Cameroon: Designated in 2022 due to ongoing armed conflict.
Afghanistan: Designated in 2022 following the Taliban takeover.
Ukraine: Designated in 2022 due to the Russian invasion.
Ethiopia: Designated in 2022 due to ongoing armed conflict.
Lebanon: Designated in 2024 due to ongoing economic and political challenges.
Historically, Temporary Protected Status (TPS) designations by the U.S. government have been extended in 18-month increments, reflecting ongoing humanitarian crises in designated countries. However, the current administration has chosen not to extend certain TPS designations beyond their current terms. For instance, the Department of Homeland Security (DHS) announced that Haiti's TPS will conclude on August 3, 2025, rescinding the previous administration's 18-month extension.
Similarly, the TPS extension for Venezuelans has been revoked, affecting over 600,000 individuals who now face potential deportation.
Number of TPS Beneficiaries
As of March 31, 2023, approximately 610,000 individuals from the aforementioned countries held TPS in the United States. The largest groups of beneficiaries were from:
Venezuela: Approximately 242,700 individuals.i
El Salvador: Approximately 188,725 individuals.
Honduras: Approximately 76,725 individuals.
Haiti: Approximately 56,225 individuals.
These numbers represent individuals who have been granted temporary protection in the U.S. due to unsafe conditions in their home countries.
It's important to note that TPS is a temporary status, and its extension or termination depends on the conditions in the designated countries and decisions by the U.S. government.
During President Trump's administration, the following countries had their Temporary Protected Status (TPS) designations rescinded:
Venezuela: In February 2025, the administration terminated TPS for over 300,000 Venezuelans, making them vulnerable to deportation.
Haiti: In February 2025, the administration vacated the previous extension of Haiti's TPS, resulting in protections expiring in August 2025 instead of February 2026.
Previously, during Trump's first term, attempts were made to end TPS for countries such as El Salvador, Honduras, Nepal, and Nicaragua. However, these terminations faced legal challenges and were later rescinded by the subsequent administration.
The recent rescissions have raised concerns among affected communities and advocacy groups, who argue that conditions in these countries remain unsafe for returnees.
A New Migrant Registry: What You Need to Know
The Department of Homeland Security (DHS) has announced a new online the registry will be mandatory for everyone 14 and older who doesn’t have legal status, according to a Tuesday statement from U.S. Citizenship and Immigration Services, a branch of the Department of Homeland Security. Each person must register and provide their fingerprints and address, the statement says, and parents and guardians of anyone under age 14 must ensure they are registered.
The policy, aimed at compelling self-deportation, requires undocumented individuals to register their information and submit fingerprints or face fines and imprisonment.
The DHS stated that this initiative is meant to enforce existing immigration laws and track all undocumented immigrants to ensure national security. However, immigration advocates warn that this could lead to widespread civil rights violations.
What is behind the registry?
Federal immigration law has long required that people living illegally in the U.S. register with the government.
Those laws can be traced back to the Alien Registration Act of 1940, which came amid heightened growing fears of immigrants and political subversives in the early days of World War II. The current requirements stem from the Immigration and Nationality Act of 1952.
A system set up after 9/11, the National Security Entry-Exit Registration System, required all noncitizen males age 16 or older from 25 countries—all but one of them majority Arab or Muslim—to register with the U.S. government. The program led to no terrorism convictions but pulled more than 13,000 people into deportation proceedings. It was suspended in 2011 and dissolved in 2016.
Across the decades, though, scholars say the registration requirement has rarely been enforced.
Officials say that now will change.
“The Trump administration will enforce all our immigration laws—we will not pick and choose which laws we will enforce,” Homeland Security spokeswoman Tricia McLaughlin said in a statement. “We must know who is in our country for the safety and security of our homeland and all Americans.”
What is the goal of the announcement?
In part, Tuesday’s Homeland Security statement was purely bureaucratic, a way to announce that the law is again being enforced and how people should register.
Officials said they’d “soon announce a form and process for aliens to complete the registration requirement.” On its website, the U.S. Citizenship and Immigration Service directs people to create an online account and says additional information on registering will be available “in the coming days.”
“No alien will have an excuse for failure to comply with this law,” the statement said.
The USCIS website indicated that people who register would be given some form of identity card, which anyone over age 18 “must carry and keep in their possession at all times.”
The announcement of the registry allows the Trump administration to flex its political muscle on the key issue of immigration. It’s also a signal to people living in the U.S. illegally.
What will be the effect of the registry?
Like much about the registry, that’s unclear for now. But legal scholars say the practical consequences may not matter, as people already living below the legal radar are unlikely to register, which would make them far easier to deport.
“But even if it doesn’t actually accomplish much in terms of deporting more people, it sends a signal to the American people that ‘We’re cracking down on immigrants,’ and it will also heighten the fear immigrants already have about what’s going on,” said Stephen Yale-Loehr, a longtime immigration law scholar and retired Cornell Law School professor.
Trump Administration’s Hardline Stance
A DHS spokesperson reinforced the Trump administration’s strict approach to immigration enforcement, stating:
'President Trump and Secretary Noem have a clear message for those in our country illegally: leave now. If you leave now, you may have the opportunity to return and enjoy our freedom and live the American dream.'
The policy cites a decades-old section of the Immigration and Nationality Act, which mandates registration for migrants who have been in the U.S. for more than 30 days but have not been previously fingerprinted or documented.
As of March 2, 2025, the Secretary of the U.S. Department of Homeland Security (DHS) is Kristi Noem.
She was confirmed by the Senate on January 25, 2025, with a 59-34 vote, following her nomination by President Donald Trump.
Prior to her appointment, Noem served as the Governor of South Dakota. In her role as DHS Secretary, she oversees various agencies, including the Federal Emergency Management Agency (FEMA), the Transportation Security Administration (TSA), and the U.S. Secret Service.
What will be the effect of the registry?
Like much about the registry, that’s unclear for now. But legal scholars say the practical consequences may not matter, as people already living below the legal radar are unlikely to register, which would make them far easier to deport.
“But even if it doesn’t actually accomplish much in terms of deporting more people, it sends a signal to the American people that ‘We’re cracking down on immigrants,’ and it will also heighten the fear immigrants already have about what’s going on,” said Stephen Yale-Loehr, a longtime immigration law scholar and retired Cornell Law School professor.
Immigrant rights groups and legal experts are raising serious concerns about the legal and ethical implications of the migrant registry.
- **Fear of Mass Deportations** – Given the administration’s aggressive stance, many immigrants may not register due to fears of immediate deportation.
- **A “Show Me Your Papers” Law?** – The requirement for registered immigrants to carry proof of registration at all times raises concerns that it could lead to police demanding documentation based on racial profiling.
Historical Precedents: Lessons from the Past
This is not the first time the U.S. government has attempted a registry-based immigration policy.
- **Post-9/11 NSEERS Program (2002-2011)** – The Bush administration launched the National Security Entry-Exit Registration System (NSEERS), requiring immigrants from Muslim-majority countries to register.
83,000 people were forced to register. Many were placed in deportation proceedings despite having no criminal record.
The program was shut down in 2011 due to widespread criticism of racial profiling and civil rights violations.Heidi Altman, vice president of policy at the National Immigration Law Center, fears a repeat of past mistakes:
'Anytime a government sets up a registry based on nationality, race, or religion, civil liberties and civil rights are at risk.'
Legal Concerns and Potential Challenges
Legal experts argue that the migrant registry could face significant court challenges for the following reasons:
- **Threat of Criminalization** – DHS is threatening jail time for failing to register, but being undocumented is not always a criminal offense—it is often a civil violation.
- **Violation of Due Process** – Requiring registration without legal protections could lead to lawsuits under constitutional due process protections.
- **Federal Overreach** – States and cities with sanctuary policies may refuse to comply, setting up potential legal battles.
What Happens Next?
- The DHS has not yet launched the online registry, and lawsuits are expected as soon as it goes live.
- Immigrant communities are bracing for increased fear and uncertainty, with many reluctant to register out of fear of deportation.
- Civil rights groups are mobilizing to challenge the policy, arguing it violates constitutional protections and civil liberties.
In recent weeks, communities across the United States have mobilized to protest the Trump administration's decision to terminate Temporary Protected Status (TPS) for approximately 350,000 Venezuelans.
In South Florida, home to a significant Venezuelan population, local leaders and residents have voiced strong opposition, highlighting the potential economic and social impacts of such a move. Additionally, organizations like CASA and Make the Road New York have filed lawsuits challenging the termination, arguing that it is unconstitutional and endangers the lives of those affected. These actions underscore the widespread concern and resistance among immigrant communities and advocates regarding the potential consequences of ending TPS protections.
A Message to Migrants : Navigating the New DHS Registry
Seek Legal Guidance
Given the serious implications of this policy, it is crucial for affected individuals to consult with a licensed immigration attorney to understand their rights and obligations. Legal professionals can provide personalized advice tailored to your specific situation, helping you navigate this complex landscape. Organizations like the American Immigration Lawyers Association (AILA) can assist in connecting you with qualified attorneys.
It's important to note that this registration requirement does not apply to individuals who already possess legal immigration status, such as:
Lawful Permanent Residents (Green Card Holders): Individuals granted the right to reside permanently in the United States.
Naturalized U.S. Citizens: Individuals who have completed the naturalization process and have become U.S. citizens.
Refugees and Asylees: Individuals granted protection due to persecution or a well-founded fear of persecution in their home countries; this does not include those who are seeking asylum or have applied for asylum and are awaiting a decision.
These groups are exempt from the new registration directive and are not required to take any additional action under this policy.
However, they must continue to comply with existing obligations associated with their status, such as renewing their status when it expires and any other requirement associated with their status; once naturalized, they are no such requirements.
For lawful permanent residents considering naturalization, eligibility requirements typically include:
Being at least 18 years old.
Having held permanent resident status for at least five years (or three years if married to a U.S. citizen).
Demonstrating continuous residence and physical presence in the United States.
Exhibiting good moral character.
We’re Here to Help
Amba Law Immigration Solutions offers naturalization services at affordable prices. To schedule an appointment, send an email to Kadirkonse@ambalaw.com or call 619-335-8876.
Given the evolving nature of immigration policies, it is advisable for eligible individuals to consider naturalization to secure their status in the United States. Consulting with an experienced immigration attorney can provide personalized guidance tailored to individual circumstances.
Disclaimer
This blog post is intended for informational purposes only and does not constitute legal advice. For guidance specific to your circumstances, please consult a licensed attorney. Amba Law Immigration Solutions is available to provide such services and support you through this process.
What do you think?
Is this policy necessary for border security, or is it a civil rights violation in the making? Share your thoughts in the comments!