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Many lawful permanent residents (LPR or green card holders) are anxious and terrified over the Trump administration’s enforcement priorities. Even though they are green card holders, they are afraid of being detained at the airport whenever they travel outside the US or being confronted on the street and whisked away to some detention center, not knowing what will happen to them or their future in the US.

Most LPRs know how precious their green card is and keep it in a safe place. Some ask, “Is it true that I am supposed to carry around my original green card with me?” The answer is, yes. The law actually requires green card holders 18 years of age or older to carry their green card with them. That is section 1304(e) of the Immigration and Nationality Act, which states:

“(e) Personal possession of registration or receipt card; penalties

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 issued to him pursuant to subsection (d). Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall, upon conviction for each offense, be fined not to exceed $100 or be imprisoned not more than thirty days, or both.”

As you can see, the law actually requires you to carry your green card (or have it in your personal possession) and failure to do so is a misdemeanor, where you could spend up to 30 days in jail.

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In the past, everyone carried copies or pictures of their green card, and it was no big deal. In all my years of practice, I have never come across a case where a green card holder was penalized because they did not carry their original green card with them.

However, under the Trump administration, it is a whole new world, where old and little used laws are suddenly dusted off, revived and enforced. The Trump administration has gone back to enforcing laws from 1798, bringing back registration requirements from the 1940s, so you have to decide if you want to take the chance of not carrying around your green card.

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I would advise following the law and carrying your green card with you just in case you’re stopped. But make sure to have a copy, either a photocopy or a picture of your green card on your cell phone, as a backup. If you no longer have your green card, it was lost or expired, then you should either renew or replace the green card.

If you have issues or concerns about applying for a renewed or replacement green card, you may want to consult with an attorney.

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