What Documents Should Immigrant Workers Carry, and What Should They Never Carry?
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Reviewed & verified by A. Jason Velez, Esq.*
Founding Attorney, 1LAW · Last reviewed September 23, 2026
Legal Inquiry
Consumer Legal Issue
Should employees carry any documents, and what should they avoid carrying?
Attorney Answer
Do not give a blanket 'carry nothing' instruction. Federal law requires every noncitizen 18 or over to 'at all times carry with him and have in his personal possession' the registration document issued to them; failure is a misdemeanor (8 U.S.C. § 1304(e), which carries a fine of up to $100 and up to 30 days). The 2025 alien-registration rule was finalized on June 29, 2026 and the court challenge was dismissed as moot on August 6, 2026, so the registration requirement (Form G-325R) and the carry requirement are enforceable now.
What counts as evidence of registration is listed in 8 C.F.R. § 264.1(b): an I-94, a green card (I-551), an employment authorization document (I-766), a Notice to Appear, a USCIS proof of G-325R registration, and a valid unexpired admission or parole stamp in a foreign passport, among others. Photocopies are not on the list, and a person whose document is unavailable 'must immediately apply for a replacement' (§ 264.1(c)). Counsel should identify the right document for each person's status. Driving creates its own identification duties.
Never carry or present false documents and never claim U.S. citizenship falsely (8 U.S.C. § 1182(a)(6)(C)(ii); 18 U.S.C. § 1001). A rights card and counsel's number are useful. Do not tell anyone to destroy or hide documents. U.S. citizens have no registration-carry duty.
Cases Cited
Published decisions relevant to this issue, provided as legal background rather than advice about any particular case.
- Arizona v. United States, 567 U.S. 387 (2012) — U.S. Supreme Court
Describes the federal alien-registration scheme and the federal duty to carry registration documents.
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Frequently Asked Questions
Do noncitizen workers have to carry immigration documents?
Yes. Every noncitizen 18 or older must carry the registration document issued to them under 8 U.S.C. § 1304(e). The 2025 registration rule was finalized on June 29, 2026, and the carry requirement is enforceable.
Which documents count as registration evidence?
8 C.F.R. § 264.1(b) lists documents including an I-94, a green card, an employment authorization document, a Notice to Appear, proof of registration on Form G-325R, and a valid unexpired admission or parole stamp. Photocopies are not on the list.
What should workers never carry?
False documents of any kind. Workers should never present false papers or falsely claim U.S. citizenship, and no one should tell them to destroy or hide documents.