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New Alien Registration Law: What You Need to Know
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 immigration registration laws more strictly. Specifically, the order mandates compliance with Section 262 of the Immigration and Nationality Act (INA) (8 U.S.C. 1302), this new Alien Registration Law requires “aliens” present in the United States for 30 days or more to register with the government. Additionally, failure to comply with this requirement has now been classified as a civil and criminal enforcement priority.
This article provides a comprehensive explanation of the new measures, who is affected, and the process for registration.
Legal Requirements for Alien Registration
Under Section 262 of the INA, with limited exceptions, all non-citizens 14 years of age or older who were not fingerprinted or registered when applying for a U.S. visa must register with the government if they remain in the United States for more than 30 days. Additionally, parents or legal guardians must ensure that children under the age of 14 are registered.
Furthermore, once an alien child turns 14 years old, they must apply for re-registration and fingerprinting within 30 days of their birthday.
After successful registration and fingerprinting (unless waived), DHS will issue evidence of registration. Any alien over the age of 18 must carry this evidence at all times.
Failure to comply with these legal obligations may result in criminal and civil penalties, including misdemeanor prosecution and fines.
Addressing Registration Gaps
While most aliens in the United States have already complied with this requirement, a significant number have not had a direct method to complete their registration obligations. To facilitate compliance, U.S. Citizenship and Immigration Services (USCIS) is introducing a new form and process that will allow unregistered aliens to fulfill their obligations under INA 262.
- Registration is not an immigration status.
- Registration documentation does not establish work authorization, visa status, or any other benefit under U.S. law.
Certain individuals are exempt from this requirement, including:
- American Indians born in Canada who entered the U.S. under Section 289 of the INA.
- Members of the Texas Band of Kickapoo Indians who entered the U.S. under the Texas Band of Kickapoo Act.
Who Has Already Registered?
Individuals who have received specific DHS-issued immigration documents have already fulfilled the registration requirement. These individuals include:
- Lawful Permanent Residents (Green Card holders).
- Aliens paroled into the U.S. under INA 212(d)(5) (even if their parole has expired).
- Nonimmigrant visa holders who received Form I-94 or I-94W (paper or electronic), even if their visa has expired.
- Aliens who received immigrant or nonimmigrant visas before arriving in the United States.
- Aliens placed in removal proceedings by DHS.
- Individuals with employment authorization documents (EADs).
- Applicants for lawful permanent residence who have submitted:
- Form I-485 (Application to Register Permanent Residence or Adjust Status),
- Form I-687 (Legalization Application),
- Form I-691 (Legalization Continuation Application),
- Form I-698 (Adjustment of Status for Temporary Residents),
- Form I-700 (Special Agricultural Worker Application),
- Even if their applications were denied.
- Aliens issued Border Crossing Cards.
Who Must Apply for Registration?
Aliens who fall under any of the following categories must apply for registration:
- Aliens aged 14 or older who were not registered when they applied for a visa and who remain in the United States for more than 30 days must apply before their 30-day period expires.
- Parents or legal guardians of children under 14 years old who remain in the U.S. for more than 30 days must ensure their children are registered within that timeframe.
- Any previously registered alien who turns 14 years old must apply for re-registration and fingerprinting within 30 days of their 14th birthday.
Who Is Not Registered?
Individuals who have not been issued official evidence of registration from DHS and have not submitted the required registration forms are considered unregistered. This category includes:
- Aliens present in the United States without inspection, admission, or parole.
- Canadian visitors who entered through land ports of entry and were not issued registration evidence.
- Individuals who applied for specific immigration benefits not listed in 8 CFR 264.1(a), including:
- Applicants for Deferred Action for Childhood Arrivals (DACA).
- Applicants for Temporary Protected Status (TPS).
- Those who have not received evidence of registration.
How to Register
To comply with the registration requirement, DHS will implement a new form and process for aliens who have not yet registered. The official process is expected to be announced soon, and it will be facilitated through USCIS online accounts.
Beginning February 25, 2025, individuals subject to the registration requirement should create a USCIS online account in preparation.
- Once the new registration system is implemented, individuals required to register will be able to submit their applications online.
- Parents and legal guardians will be able to submit registrations on behalf of children under 14 years old.
- For more information on setting up an account, visit the official USCIS How to Create an Online Account page.
Conclusion
The Protecting the American People Against Invasion executive order reinforces long-standing legal obligations regarding alien registration under INA Section 262. While most aliens in the U.S. have already met their obligations, the new USCIS process aims to close compliance gaps and ensure full adherence to the law.
Failure to register can lead to civil penalties and criminal prosecution, making it imperative for all non-registered aliens to comply with the law as soon as the new registration system becomes available.
For further updates on the registration process, individuals should regularly check the official USCIS website and prepare by creating a USCIS online account before February 25, 2025.
F.A.Q.s
What happens if an alien registers but later loses their registration documentation?
If an alien loses their registration documentation, they must request a replacement through USCIS. Failure to carry the registration evidence may result in penalties.
Does registering under this rule provide any form of legal status or protection from deportation?
No, registration is not an immigration status and does not provide protection from removal or any legal benefits under U.S. law.
Can undocumented immigrants who register under this rule still be deported?
Yes, registration does not grant any immunity from deportation. If an alien is unlawfully present in the U.S., they may still be subject to removal proceedings.
If an alien has applied for an immigration benefit but has not received registration evidence, do they need to register?
Yes, if they have not received one of the documents designated as evidence of registration under 8 CFR 264.1(b), they are still required to register.
Do visitors with B-1/B-2 visas need to register under this rule?
No, they do not need to register separately. B-1/B-2 visa holders are issued Form I-94 upon entry, which fulfills the registration requirement. Even if their period of stay expires, their initial registration through the I-94 remains valid.
How will the government verify whether an alien has complied with the registration requirement?
DHS may verify compliance through immigration databases, employer records, and other government data sources.
Will aliens be required to renew their registration periodically?
No, registration is a one-time requirement unless an alien turns 14 years old and needs to re-register.
What should aliens do if they have difficulty accessing or creating a USCIS online account?
They should contact USCIS for assistance or visit a USCIS office for in-person help with the registration process.
Are asylum seekers or refugees required to register separately under this rule?
Asylum seekers and refugees typically receive documentation as part of their process, which may count as registration. However, those without such documentation must comply.
What are the consequences of failing to register if an alien is otherwise eligible?
Noncompliance may lead to civil penalties, fines, misdemeanor prosecution, and could negatively impact future immigration applications.
