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Arizona H-1B Workers Advised to Carry Papers At All Times
dcblogs writes "In the wake of the U.S. Supreme Court ruling Monday on Arizona's immigration enforcement law, H-1B workers are being advised to keep their papers on them. About half of all H-1B visa holders are employed in tech occupations. The court struck down several parts of Arizona's law but nonetheless left in place a core provision allowing police officers to check the immigration status of people in the state at specific times. How complicated this gets may depend on the training of the police officer, his or her knowledge of work visas, and whether an H-1B worker in the state has an Arizona's driver's license. An Arizona state driver's license provides the presumption of legal residency. Nonetheless, H-1B workers could become entangled in this law and suffer delays and even detention while local police, especially those officers and departments unfamiliar with immigration documentation."
I'm pretty sure that non-citizens were required to carry "registration" papers with them before. But hey, not everything gets enforced...
http://www.law.cornell.edu/uscode/text/8/1304
(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) of this section. 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.
Hyperom.com
If you are on a greencard you must carry that with you at all times. EAD, same thing.
A driver's license is not proof of citizenship.
These numbers are for illegal immigrants with a criminal record. Not illegal immigrants in general. It says nothing about the rate of arrests for the general population.
There's a law in the states that citizens are not required to carry identification. Thus all a foreigner has to do is state that they are a resident and there's not much an officer can do about it.
There is a big difference between "resident" and "citizen." In the United States, citizens are technically not required to carry any sort of identification, although it makes things generally easier if you do. On the other hand however, Permanent Residents AKA Green Card Holders are required by federal law to have their identification document (Green Card) on their person at all times. I believe the same goes for non-immigrant visa holders (H-1B, B-1/B-2, J-1, F-1, ...).
That being said, if you claim you are a citizen, there is not much they can do on the spot unless they look you up, but if you call their bluff, be prepared to face the consequences. Making a false statement of United States Citizenship carries stiff penalties which can include deportation and extended bans from readmission into the USA.
Being a resident does not mean that you're a citizen. As a legal, permanent resident of the U.S., it is the law that I have my green card in my possession at all times.
Therein lies the problem. A green card holder can demonstrate their status easily enough. The 17 year old US born child of Mexican immigrants who doesn't have a driver's license cannot.
The US Citizen might protest his status, but the officer may well detain him while they conduct an investigation. In other words US citizens could end up arrested and detained while their status is clarified.
I've traveled a bit myself, 45 countries (but not Russia). The nearly universal advice I'm given in each country is to keep my passport locked up in the hotel safe during a stay. I have never had my papers checked except when entering or leaving a country or making a transaction that requires identification. In those cases, I knew enough to have my passport with me. I do carry a photocopy of the 1st two pages of my passport just in case I am stopped, but have never had to use it.