New US Immigration Rules: Lawyer Breaks Down How New Laws Could Affect Ghanaians, Others

US-based immigration expert and lawyer, Akua Aboagye, explains how the new Alien Registration Act could affect Ghanaians, among other foreign nationals, in the US

Since April 11, everyone considered a foreign national in the US must have proof of their legal status, such as a Green Card, visa documents, or the I-94 entry record, with them at all times.

US President Donald Trump notably promised to crack down on immigration during his victorious presidential campaign and has delivered on that mandate.

His administration has committed to identifying and removing undocumented immigrants. The US government also wants to put pressure on them to self-deport.

How new US immigration rule affects Ghanaians

Dissecting the new law for YEN.com.gh, US-based immigration expert and lawyer, Akua Aboagye, explained the extent to which this rule would affect Ghanaians.

In Aboagye's words, the rule essentially means that if you’re in the US and its government doesn’t know you’re there, and you plan to stay more than 30 days, you must provide your name and fingerprints.

She explained that Ghanaians who entered legally on visitor or student visas have already completed biometrics during the visa process.

"That counted as registration. In reality, most Ghanaians are already registered because they usually come into the US legally."

Aboagye explained that even if they’ve overstayed their visa, they are still considered registered and do not need to register again.

However, Ghanaians who entered without a visa or parole - for example, by crossing the border without inspection - must register under this new rule.

Even then, if they’ve already applied for certain immigration benefits like asylum, received a work permit, or been placed in immigration court and completed fingerprints during those processes, they are likely already registered.

For Ghanaians currently applying for legal status like asylum or adjustment of status, this rule likely doesn’t apply separately, since they’re already required to do biometrics as part of their application.

Aboagye, however, noted that the rule is creating confusion and fear.

"Many people simply don’t know whether they’ve already been registered, and they are not sure what could be coming for registering or failing to register."

Ultimately, when in doubt, Aboagye stressed the need to speak to a US immigration lawyer.

What are the consequences for failing to register?

Aboagye explained consequences for failing to register include up to $5,000 in fines, 180 days in jail, or both.

They must carry proof of registration at all times, and failure to do so is a misdemeanour, punishable by a fine of up to $5,000, imprisonment for up to 30 days, or both.

She also noted that submitting false information can be a ground for deportability.

"Failure to notify the government in writing of a change of address within 10 days is also a misdemeanour, punishable by a fine of up to $5,000, imprisonment for up to 30 days, or both.

"Ghanaians with no clear path to legalisation may face greater risk if they register and Immigration and Customs Enforcement uses that information to detain or deport them."

Aboagye also referenced arguments that it may violate the Fifth Amendment by forcing undocumented immigrants to self-incriminate through registration.

How immigrant communities in the US will be affected

Aboagye believes many undocumented people will choose not to register, especially if they believe Immigration and Customs Enforcement will target them.

But for those who do register, the risk of enforcement increases under a government focused on removal, she added.

"If you don’t register, it may hurt your future immigration case. If you do, you may be detained. It’s a damned if you do, damned if you don’t situation."

Aboagye also suggested that the real impact of this rule will be psychological and social because many immigrants may avoid public spaces, services, or even medical care.

She also noted that the government could eventually require registration proof to access jobs, education, or healthcare.

"There may be unannounced raids to check compliance and this could prevent people who are not registered from leaving their homes and going to work. This could impact businesses that depend on undocumented workers negatively."

Proofreading by Bruce Douglas, copy editor at YEN.com.gh.

Source: YEN.com.gh