On February 25, 2025, the Department of Homeland Security (DHS) announced that it will fully enforce the Immigration and Nationality Act (INA), reviving long-dormant provisions that impose criminal penalties on individuals unlawfully present in the United States. Secretary Kristi Noem emphasized that these enforcement measures will be rigorously applied to those who:

• Willfully fail to depart the United States when required;

• Fail to register with the federal government and provide fingerprints; or

• Fail to notify the federal government of an address change.

Key Takeaways from the DHS Announcement

According to DHS, an individual's failure to comply with these requirements could result in significant financial penalties, imprisonment, or both. The department asserts that strict enforcement will encourage voluntary departure, reducing the burden on U.S. law enforcement agencies and saving taxpayer resources.

DHS spokesperson Tricia McLaughlin reinforced the administration's commitment to comprehensive 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 announcement follows a nationwide and international media campaign urging individuals without legal status to self-deport and refrain from re-entering unlawfully.

Legal and Humanitarian Implications

The aggressive enforcement of these INA provisions marks a departure from previous administrations' approaches, which largely de-prioritized prosecuting individuals for failure to depart or register. While proponents argue that this will strengthen national security and ensure immigration laws are upheld uniformly, critics warn that such measures could disproportionately affect long-term residents, families, and vulnerable populations, including asylum seekers and individuals with pending immigration applications.

Given the significant legal consequences of noncompliance, immigrants affected by these changes should seek immediate legal counsel. Those who may be subject to enforcement actions should consult with an experienced immigration attorney to explore their options, including potential relief under asylum laws, prosecutorial discretion, or other available remedies.

Next Steps for Immigrants

DHS has advised individuals who may be impacted by these enforcement measures to register through USCIS.gov. However, registration alone does not confer legal status or protection from removal. It is essential that individuals assess their immigration situation promptly to avoid severe penalties.

Saluja Law remains committed to providing up-to-date legal analysis and assistance to those navigating this rapidly evolving immigration landscape. If you or a loved one may be affected by these new enforcement measures, contact our office for a consultation to understand your rights and legal options.

For more information on immigration policies and legal updates, follow Saluja Law's blog or reach out to our team of immigration law professionals.