Alien Registration Requirement

On Jan. 20, 2025, President Trump issued the Protecting the American People Against Invasion executive order which directed the Department of Homeland Security to ensure that aliens comply with their duty to register with the government under section 262 of the Immigration and Nationality Act (INA) (8 U.S.C. 1302), and ensure that failure to comply is treated as a civil and criminal enforcement priority.

The INA requires that, with limited exceptions, all immigrants 14 years of age or 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. Similarly, parents and guardians must ensure that their children below the age of 14 are registered. Within 30 days of reaching his or her 14th birthday, the previously registered alien child must apply for re-registration and to be fingerprinted.

Once an immigrant has registered and appeared for fingerprinting (unless waived), DHS will issue evidence of registration, which aliens over the age of 18 must carry and keep in their possession at all times.

Failure to comply will result in criminal and civil penalties, up to and including misdemeanor prosecution and the payment of fines. Registration is not an immigration status, and registration documentation does not establish employment authorization or any other right or benefit under the INA or any other U.S. law.

When does this take effect?

All immigrants in the US are expected to comply by February 25, 2025. However, USCIS has not yet created a form for registration and at the moment the site with the most up-to-date information instructs immigrants to make a USCIS account in anticipation of a registration form.

Who must apply for registration

• All immigrants 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 immigrants 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 immigrant, whether previously registered or not, who turns 14 years old in the United States, within 30 days after their 14^th birthday.

Who has already registered?

Many immigrants in the US have already registered. Anyone who has been issued one of the documents designated as evidence of registration under 8 CFR 264.1(b) has registered. Also, anyone who submitted one of the forms designated at 8 CFR 264.1(a) and provided fingerprints (unless waived) and was not issued one of the pieces of evidence designated at 8 CFR 264.1(b), complied with the registration requirement of INA 262. Immigrants who have already registered include:

• Lawful permanent residents;
• Immigrants paroled into the United States under INA 212(d)(5), even if the period of parole has expired;
• Immigrants 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;
• Immigrants whom DHS has placed into removal proceedings;
• Immigrants issued an employment authorization document;
• Immigrants 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,
• Immigrants issued Border Crossing Cards.

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:
  • Immigrants 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,
  • Immigrants 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, immigrants in the US who are required to register should create a USCIS online account in preparation for the registration process.

See our How to Create a USCIS Online Account page for more information. Once the registration process is implemented, immigrants will submit their registration through their USCIS online account.

We will provide details on how to register once they becomes available.  

Why is this rule being enforced now

This is what is so troubling for many, it seems the new administration wants to enforce this rule by having local police working with ICE to apprehend immigrants who are in the US unlawfully by requiring them to identify and produce proof of their registration when asked. It is difficult to imagine what this will look like in the United States in 2025 but historically any time a country began requiring similar identity documents it was the start of horrendous human rights violations.

FOR MORE INFORMATION: Visit the USCIS website, they have a page with the latest information regarding the alien registration requirement.