“Show Me Your Papers” — Do You Have to Carry Immigration Documents?

What do you do if Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), or other immigration officials ask you to “prove status?” Below is general guidance on who must carry immigration documentation, what documents typically qualify, and practical steps if approached.

1) The Federal “Carry” Rule for Noncitizens

Federal law provides that every non-U.S. citizen who is 18 or older must “at all times” carry proof of registration. The Department of Homeland Security (DHS) explains that noncompliance is a misdemeanor punishable by a fine (as updated under federal criminal fine statutes) and/or imprisonment for not more than 30 days.

2) What counts as “evidence of registration”?

Evidence of registration can include: Form I-551 (Permanent Resident Card or “green card”); Form I-94 (Arrival-Departure Record); Form I-766 (Employment Authorization Document); Form I-862 (Notice to Appear); or a valid, unexpired DHS admission or parole stamp in a foreign passport.

Generally, anyone who has:

• Applied to the Department of State for a visa;
• Been issued a document listed above or in 8 C.F.R. § 264.1(b) or has not submitted certain forms to U.S. Citizenship and Immigration Services (USCIS) (most commonly, a Form I-485, application for status as a permanent resident); and
• Provided fingerprints (unless waived)

is registered.

However, if you have not applied for a visa, have not been issued certain immigration documents, or have not provided fingerprints, you may need to submit a Form G-325R to register your presence. Practical tips:

• Carry the document that best matches your current status (for many nonimmigrants, a printed I-94 plus passport admission stamp (stamps are not always given); for lawful permanent residents, the I-551/green card); or an official registration.
• Keep secure copies in a separate location in case originals are lost or stolen.
• Take a picture of important documents with your phone, for additional backup.

3) The 2025 DHS Registration Option for People without Documents

In March 2025, DHS published an interim final rule designating Form G-325R as a registration form and creating an additional form of registration for persons who are undocumented. DHS stated that the rule does not create new legal obligations but instead provides a mechanism for individuals who are already subject to registration requirements and who lack acceptable proof.

DHS identified examples such as certain individuals who entered without inspection and have not otherwise been encountered by DHS, and some Canadian visitors not issued a Form I-94. The process generally involves creating a myUSCIS account, completing Form G-325R, attending a biometrics appointment (unless waived), and downloading or printing the proof of registration document.

Interacting with DHS can be high stakes, particularly for individuals without lawful status or with prior immigration or criminal history. Individuals should seek individualized legal advice before filing anything with U.S. Citizenship and Immigration Services because filing creates an additional risk of exposure.

4) U.S. Citizens

Because the federal carry requirement applies to noncitizens, U.S. citizens are not required to carry proof of citizenship in ordinary daily life and may politely remind DHS of that fact if asked for proof. Some citizens nonetheless choose to carry a passport card or other proof to reduce the risk of prolonged questioning, balanced against the risk of loss or theft.

5) If ICE or CBP Approaches You

Street or workplace encounters:

• Stay calm. You may ask, “Am I free to leave?” If the answer is yes, you may leave calmly.
• You have the right to remain silent and to ask to speak with a lawyer.
• Do not sign documents you do not understand.
• Do not lie or present false documents.

At home:

• You generally do not have to open the door unless officers present a warrant signed by a judge. Many ICE documents are administrative warrants that generally do not authorize entry into a home. However, ICE has issued a new policy, allowing itself to go into houses with only administrative warrants. This is currently being challenged in the federal courts, but for now, the policy stands.

Travel and checkpoints:

• Border Patrol operates certain checkpoint activities within 100 air miles of the U.S. border. Constitutional protections still apply, including limits on searches and questioning.

Key Takeaways

• Most non-U.S. citizens aged 18 and older are required by federal law to carry evidence of registration.
• Failure to carry the required evidence can be charged as a federal misdemeanor, potentially resulting in a fine and up to 30 days in jail.
• U.S. citizens are not subject to the federal carry requirement.
• DHS’s 2025 rule created Form G-325R and a downloadable proof of registration document for certain individuals who lack traditional registration documents.

Alycia Moss is a Director in Fennemore’s Immigration practice group, focusing her practice on guiding businesses, families, and individuals through the complexities of U.S. immigration law. You can contact Alycia at amoss@fennemorelaw.com.

Catherine Renshaw is an immigration attorney whose practice focuses on immigration law, with extensive experience representing clients in matters before U.S. Citizenship and Immigration Services, immigration court, Immigration and Customs Enforcement, and the federal courts. You can contact Catherine at crenshaw@fennemorelaw.com.

Find more information about Fennemore’s Immigration services here.