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ICE officer questionnining an Indian professional in the US

What Immigrants Must Carry: CBP Reminder Sparks Legal and Civil Rights Concerns

Author C. Matthew Schulz

U.S. Customs and Border Protection (CBP) issued a public notice reinforcing that all lawful permanent residents (green card holders) and other non-U.S. citizens are legally required to carry proof of their lawful immigration status at all times.

The legal authority is 8 U.S.C. § 1304(e)—a long-standing provision of U.S. immigration law that makes it a misdemeanor for any noncitizen over the age of 18 to fail to carry immigration documentation.

This announcement has triggered waves of concern and confusion, especially following a series of immigration enforcement incidents across the U.S.

As reported by major news outlets like Newsweek and India Today, CBP and ICE officers are now routinely verifying immigration status in the field—including in public spaces like bus stations, parking lots, and worksites.

What the Law Says

“Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card… Any alien who fails to comply shall be guilty of a misdemeanor...”
— 8 U.S.C. § 1304(e)

What Immigration Documents Must/Should Be Carried By Status

While the statute only imposes the requirement on lawful residents age 18 and older, the best practice is for all non-U.S. citizens to carry proof of lawful status, especially in these times of heightened enforcement actions.

Lawful Permanent Residents (Green Card Holders)

As mentioned above, all lawful permanent residents age 18 and older must carry their Permanent Resident Card (Form I-551).

The statute does not explain what to do if the card is lost or expired. The best practice is for the resident to promptly apply for a replacement card on Form I-90. While waiting for the new card, the resident should carry the I-90 receipt notice, plus photo identification (e.g., a current passport or driver’s license).

Nonimmigrants (e.g., H‑1B, L‑1, O‑1, R‑1)

These nonimmigrant workers are recommended to carry:

  • Valid passport
  • I‑94 record (printable from CBP’s site)
  • Form I‑797 Approval Notice (e.g., H-1B, L-1, or O-1 petition approval)

Nonimmigrants with Pending I-485 (Green Card) Applications

Adjustment applicants (e.g., those waiting for green cards and especially those whose nonimmigrant status has expired and are lawfully present in the U.S. because of the pending application to adjust status to resident Form I-485) have more complex documentation they should carry:

  • I-797C receipt notice for Form I-485
  • Employment Authorization Document (EAD) and/or Advance Parole (AP) card (if issued)
  • Prior nonimmigrant I‑94 (if still valid)

See also the USCIS guidance on immigration documents.

Immigration Crackdowns: Detentions in Los Angeles and Beyond

CBP’s reminder comes amid a pattern of aggressive ICE enforcement, particularly in Los Angeles, Chicago, and South Texas.

According to multiple major media reports, U.S. citizens and others lawfully present have been wrongfully detained by ICE—often based on flawed assumptions, not evidence:

  • Speaking a foreign language in public
  • Being in the “wrong” neighborhood
  • Being at places like Home Depot or bus terminals
  • Looking “foreign”

In one reported case, a U.S. Army veteran—born in Michigan—was jailed for three days by ICE in San Bernardino until a family attorney intervened. In another, a U.S. citizen of Sikh heritage in Fresno was arrested while working as a contractor and held despite showing a California REAL ID and valid U.S. passport.

These incidents raise serious due process concerns and highlight how reliance on racial profiling or language use violates constitutional norms.

Should U.S. Citizens Carry Proof of Citizenship?

While U.S. citizens are not legally required to carry proof of status, doing so may prevent unlawful detention. See, for example, this story of a teenage U.S. citizen told by Immigration agents: "You've got no rights", reported in The Guardian.

In today’s environment with DHS seemingly in a rush to increase immigration arrests, it is not unreasonable to carry:

  • A U.S. passport (book or card); or
  • A Certificate of Naturalization or Citizenship

Note that REAL ID is not proof of citizenship

For more information, speak with an attorney.