USCIS Announced Alien Registration Requirement

USCIS announced on January 20, 2025, President Trump issued the Protecting the American People Against Invasion executive order, directing the Department of Homeland Security (DHS) 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). This order also mandates that failure to comply be treated as both a civil and criminal enforcement priority.

Under the INA, with limited exceptions, all aliens aged 14 and older who were not fingerprinted or registered when applying for a U.S. visa and who remain in the country for 30 days or longer must apply for registration and fingerprinting. Additionally, parents and guardians are responsible for registering children under the age of 14. Once a registered child turns 14, they must apply for re-registration and fingerprinting within 30 days of their birthday. After completing the registration and fingerprinting process (unless waived), DHS will issue evidence of registration, which aliens over the age of 18 must carry at all times.

It is a legal obligation for all unregistered aliens, including previously registered children turning 14, to comply with these requirements. Failure to do so will result in criminal and civil penalties, including misdemeanor prosecution and fines. Although most aliens in the U.S. have already registered as required by law, many have not had a direct way to fulfill this obligation. To address this issue, U.S. Citizenship and Immigration Services (USCIS) is establishing a new form and process for registration, ensuring that no alien has an excuse for noncompliance. However, registration does not confer immigration status, employment authorization, or any other legal benefit under the INA or other U.S. laws.

Certain groups are exempt from this requirement. American Indians born in Canada who entered under section 289 of the INA and members of the Texas Band of Kickapoo Indians who entered under the Texas Band of Kickapoo Act are not required to register.

Many aliens have already met the registration requirement by being issued specific documents listed under 8 CFR 264.1(b). These include lawful permanent residents, aliens paroled into the U.S. under INA 212(d)(5) (even if their parole period has expired), nonimmigrants issued Form I-94 or I-94W (paper or electronic), aliens issued immigrant or nonimmigrant visas prior to arrival, those placed into removal proceedings, holders of employment authorization documents, and applicants for lawful permanent residence through designated USCIS forms. Border Crossing Card holders also meet the registration requirement.

However, aliens who must apply for registration include those aged 14 or older who were not registered and fingerprinted when applying for a visa and who remain in the U.S. for 30 days or longer. They must complete registration before the 30-day period expires. Parents or legal guardians must also register children under 14 who remain in the U.S. for more than 30 days. Additionally, any previously registered alien who turns 14 must re-register within 30 days of their birthday.

Aliens who have not been issued specific registration documents and have not submitted the required forms under 8 CFR 264.1(a) remain unregistered. This includes aliens present in the U.S. without inspection and admission or parole, Canadian visitors who entered through land ports of entry without registration evidence, and aliens who applied for certain benefits such as Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS) but did not receive registration documentation.

To facilitate compliance, DHS will soon introduce a form and process for registration. Beginning February 25, 2025, aliens required to register should create a USCIS online account in preparation. Parents and guardians will also use this platform to submit registration applications on behalf of children under 14. More information on this process will be available on the USCIS website under the "How to Create a USCIS Online Account" page.