On January 20, 2025, President Trump issued the Protecting the American People Against Invasion executive order, directing the Department of Homeland Security (DHS) to enforce compliance with alien registration requirements under Section 262 of the Immigration and Nationality Act (INA) (8 U.S.C. 1302). The order prioritizes both civil and criminal enforcement against individuals who fail to meet these legal obligations.
Under the INA, with limited exceptions, all noncitizens aged 14 and older who were not fingerprinted or registered when applying for a U.S. visa and who remain in the United States for 30 days or longer must apply for registration and fingerprinting. Additionally, parents and guardians are responsible for registering children under 14. Once a child reaches their 14th birthday, they must apply for re-registration and fingerprinting within 30 days. Upon completing the registration and fingerprinting process (unless waived), DHS will issue proof of registration.
Non-citizens over the age of 18 must carry this documentation at all times.
All unregistered noncitizens in the United States, including previously registered children who turn 14, are legally required to comply with these registration requirements.
Failure to do so may result in both civil and criminal penalties, including misdemeanor prosecution and fines.
While most noncitizens in the United States have already registered as required by law, a significant number have lacked a direct process to fulfill their legal duty under INA 262. To address this, U.S. Citizenship and Immigration Services (USCIS) is introducing a new form and process to facilitate compliance. No noncitizen will have an excuse for failing to meet this legal requirement.
It is important to note that registration does not confer immigration status, work authorization, or any other benefit under the INA or U.S. law.
Certain individuals are exempt from this requirement, including American Indians born in Canada who entered the United States under INA Section 289 and members of the Texas Band of Kickapoo Indians who entered under the Texas Band of Kickapoo Act.
WHO HAS ALREADY REGISTERED?
Aliens who have already registered include:
- Lawful permanent residents;
- Aliens paroled into the United States under INA 212(d)(5), even if the period of parole has expired;
- Aliens admitted to the United States as nonimmigrants who were issued Form I-94 or I-94W (paper or electronic), even if the period of admission has expired;
- All aliens present in the United States who were issued immigrant or nonimmigrant visas prior to arrival;
- Aliens whom DHS has placed into removal proceedings;
- Aliens issued an employment authorization document;
- Aliens who have applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, I-700, even if the applications were denied; and,
- Aliens issued Border Crossing Cards.
WHO MUST APPLY FOR REGISTRATION
- All aliens 14 years of age or older who were not registered and fingerprinted (if required) when applying for a visa to enter the United States and who remain in the United States for 30 days or longer. They must apply before the expiration of those 30 days.
- The parents and legal guardians of aliens less than 14 years of age who have not been registered and remain in the United States for 30 days or longer, prior to the expiration of those 30 days.
- Any alien, whether previously registered or not, who turns 14 years old in the United States, within 30 days after their 14th
WHO IS NOT REGISTERED?
Anyone who has not been issued one of the documents designated as evidence of registration under 8 CFR 264.1(b) and has not submitted one of the forms designated at 8 CFR 264.1(a) and provided fingerprints (unless waived) is not registered. Aliens who have not registered include:
- This includes:
- Aliens who are present in the United States without inspection and admission or inspection and parole;
- Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration; and,
- Aliens who submitted one or more benefit requests to USCIS not listed in 8 CFR 264.1(a), including applications for Deferred Action for Childhood Arrivals or Temporary Protected Status, who were not issued evidence of registration.
HOW TO REGISTER
DHS will soon announce a form and process for aliens to complete the registration requirement. Beginning February 25, 2025, aliens required to register should create a USCIS online account in preparation for the registration process.
Once the registration process is implemented, aliens will submit their registration, and parents and guardians will submit registration applications on behalf of their children under 14, through their USCIS online account.
Refer to our related Article titled GREEN CARD FOR MINORS: SPECIAL RENEWAL REQUIREMENTS
HSD Immigration Lawyer will continue to monitor and share additional updates related to Alien Registration Requirement.
Contact one of our offices in Chicago, IL, Naperville, IL, Raleigh, NC, or Clark, NJ, for additional information about this recent announcement and for questions related to Alien Registration Requirement. At HSD Immigration Lawyer, we specialize in complex employment-, investment- and family-based immigration matters.