On January 20, 2025, President Donald Trump issued the Protecting the American People Against Invasion executive order, directing the Department of Homeland Security (DHS) to enforce the registration requirement for aliens under Section 262 of the Immigration and Nationality Act (INA) (8 U.S.C. 1302). The order prioritizes civil and criminal enforcement for non-compliance.
Who Must Register Under the INA?
The INA mandates that, with limited exceptions, all aliens aged 14 and older who were not fingerprinted or registered when applying for a U.S. visa and intend to stay for 30 days or longer must register and undergo fingerprinting. Parents or guardians must ensure their children under 14 are registered. Additionally, once a registered child turns 14 years old, they must re-register within 30 days.
Legal Requirements and Penalties for Non-Compliance
Registered aliens over the age of 18 must carry their registration documents at all times. Failure to comply with registration requirements can result in civil and criminal penalties, including misdemeanor prosecution and fines.
Who Is Already Registered?
Most aliens in the U.S. have already fulfilled this obligation through various immigration processes. Registered individuals include:
- Lawful Permanent Residents (Green Card holders)
- Aliens paroled into the U.S. under INA 212(d)(5)
- Nonimmigrants issued Form I-94 or I-94W
- Aliens issued visas prior to arrival
- Aliens placed in removal proceedings by DHS
- Individuals issued an Employment Authorization Document (EAD)
- Applicants for lawful permanent residence (Forms I-485, I-687, I-691, I-698, I-700)
- Holders of Border Crossing Cards
Who Must Apply for Registration?
Aliens required to register include:
- Individuals 14 or older who were not registered when applying for a visa and are staying in the U.S. for more than 30 days.
- Parents or guardians of children under 14 who are not yet registered and will remain in the U.S. for over 30 days.
- Aliens turning 14 in the U.S. who must re-register within 30 days of their birthday.
Who Is Not Registered?
Aliens who do not possess evidence of registration under 8 CFR 264.1(b) and have not submitted required forms under 8 CFR 264.1(a) remain unregistered. This includes:
- Aliens present in the U.S. without proper inspection, admission, or parole.
- Canadian visitors who entered through land ports of entry without registration evidence.
- Applicants for Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS) who were not issued registration evidence.
How to Register
To facilitate compliance, USCIS is launching a new form and process for alien registration. Starting February 25, 2025, affected individuals should create a USCIS online account in preparation for the new system.
Parents or guardians must submit registration applications for children under 14 through their USCIS online account. Additional details will be announced soon.
Beware of Immigration Scams
DHS warns against immigration fraud and urges individuals to seek legal assistance only from authorized professionals. For more information, visit the Avoid Scams page on the USCIS website.
Stay tuned for further updates as USCIS rolls out the registration process.
