By Brian Figeroux, Esq.
In early 2025, President Donald Trump issued Executive Order 14159 titled “Protecting the American People Against Invasion,” which mandates undocumented immigrants aged 14 and over to register with federal authorities. This unprecedented order triggered widespread concern over its implications, particularly regarding deportation risks for those who comply.This article explores available legal strategies to avoid deportation under this order, and critically examines whether non-compliance with hopes of a future executive order is a viable or dangerous gamble.
Understanding Executive Order 14159
Under EO 14159, individuals residing illegally in the U.S. must provide personal data to a new government registry, including fingerprints, home address, and familial information. Failure to register could result in criminal charges, including fines up to $5,000 and imprisonment up to six months. Additionally, non-compliance may fast-track deportation proceedings, especially under enhanced enforcement protocols by ICE.
Despite lawsuits arguing the registry infringes on civil liberties and due process, federal courts have allowed the order to proceed, citing national security powers granted under the Alien Registration Act of 1940 and the Immigration and Nationality Act of 1952.
Legal and Strategic Solutions to Avoid Deportation
- Seek Immediate Legal Counsel
- The first and most essential action is to consult an immigration attorney or accredited representative.
- Legal professionals can:
- Assess eligibility for asylum, Special Immigrant Juvenile Status (SIJS), or U-visas (for victims of crimes).
- Explore family-based petitions or employment-based pathways.
- File motions to reopen or appeal prior deportation orders.
Some non-profit organizations and immigration clinics offer free or sliding-scale services for those unable to afford private legal help.
- Apply for Temporary Protected Status (TPS) or Other Relief
If you are from a country designated for TPS due to ongoing armed conflict, environmental disasters, or extraordinary conditions, applying can provide temporary lawful presence and protection from removal.
Other options include:
- Deferred Action for Childhood Arrivals (DACA) – for those who arrived as minors.
- Asylum – for individuals fearing persecution in their home country.
- Cancellation of Removal – for those who’ve been in the U.S. over 10 years and can demonstrate hardship to a U.S. citizen or permanent resident spouse/child.
- Prepare Documentation to Prove Continuous Presence
Expedited removal procedures often target those who cannot demonstrate continuous presence in the U.S. for at least two years. Keeping evidence such as rent receipts, school records, tax filings, or medical records can help establish your time in the country.
Being able to prove this presence may exempt individuals from summary deportation and require a full court hearing, offering more time and options for legal defenses.
- Engage with Advocacy and Sanctuary Networks
Organizations such as the American Immigration Council, United We Dream, and National Immigration Law Center provide up-to-date legal resources and community defense strategies. Some churches and local governments offer “sanctuary” designations, although their legal protections are limited under federal law.
Being part of a known advocacy network can increase visibility and sometimes deter aggressive enforcement actions, especially in high-profile or politically sensitive cases.
- Know and Assert Your Legal Rights
Regardless of registration status, undocumented immigrants have constitutional protections:
- Right to remain silent
- Right to refuse entry to home without a signed warrant
- Right to an attorney in removal proceedings
- Right to file complaints against ICE misconduct
Carrying a Know-Your-Rights card and rehearsing what to do during ICE encounters is a practical self-protection strategy.
The Controversial Strategy: Not Registering and Waiting for a New Executive Order
One question many undocumented individuals are asking: “What if I just wait this out?”
The Rationale
Historically, immigration policies have swung back and forth between administrations. Some argue that registering under a hostile administration provides a roadmap for enforcement. Instead, they suggest avoiding registration entirely and hoping a future president reverses the order or provides legal status, as has happened with DACA and TPS under previous presidents.
Legal and Practical Risks
This is a high-risk strategy, for several reasons:
- Criminal Charges: Non-compliance with EO 14159 could result in federal misdemeanor charges, making one ineligible for many forms of relief later on.
- Expedited Removal: ICE agents may target those suspected of avoiding registration, increasing the risk of being placed in fast-track removal proceedings without a court hearing.
- Deportation Bars: A criminal record stemming from failure to register could disqualify individuals from future legalization programs or amnesty measures.
- Data Collection Doesn’t Guarantee Deportation: Some immigration advocates argue that registering may buy time, not increase risk, as enforcement resources remain limited and prioritized.
Strategic Alternative: “Register with Caution”
A middle-ground approach gaining traction in legal circles is to register while securing legal representation and applying for protection. Legal counsel can monitor the case and help defer any actions until judicial review or political change occurs.
In essence, registering under legal supervision may be less dangerous than evading the system entirely.
Choose Action Over Hope Alone
President Trump’s Executive Order on immigrant registration places hundreds of thousands of individuals in legal jeopardy. While the temptation to hide and hope for a better future is understandable, the risks of doing so without a strategy are substantial.
The best path forward is proactive engagement:
- Obtain legal counsel
- Apply for available relief
- Document your presence
- Join advocacy efforts
- Understand your rights
The decision whether or not to register is deeply personal and complex. But for many, combining legal preparedness with strategic compliance may offer the greatest chance of avoiding deportation while awaiting future legislative or executive relief.