On March 12th, the Department of Homeland Security published an Interim Final Rule (“IFR”) partially implementing section 7 of Executive Order 14159, Protecting the American People Against Invasion (Jan. 20, 2025) (the “Executive Order”). Section 7 of the Executive Order directed the Secretary of Homeland Security, and others, to ensure that all previously unregistered noncitizens in the United States comply with the provisions of the Alien Registration Act of 1940 (the “Act”). The Act generally requires that all noncitizens in the United States beyond 30 days apply to be registered and fingerprinted. Additionally, noncitizens must report any change of address within 10 days of such change. Failure to comply with these requirements may be punished with a fine, imprisonment, and/or removal.
The Registration Requirement
All noncitizens, age 14 or older, who remain in the United States for 30 days or longer must comply with the registration and fingerprinting requirement. Noncitizens under the age of 14 who remain in the United States for 30 days or longer must be registered by their parents/guardians. Upon turning the age of 14, the noncitizen must apply for registration and fingerprinting.
The IFR is designed to ensure that certain categories of unregistered noncitizens have an opportunity to register using the new Form G-325R (online filing only). Specifically, the IFR seeks to ensure that the following persons comply with the registration requirement:
- Noncitizens who entered without inspection and have not otherwise been encountered by DHS.
- Noncitizens who entered without inspection and who have been encountered by DHS but have not used a form recognized by existing regulations as complying with the registration requirement.
- Canadian nonimmigrants who were not issued Form I-94.
** Persons who are currently undocumented should consult a qualified immigration attorney regarding getting into compliance with this requirement. **
Many noncitizens are already in compliance with the registration and fingerprinting requirement. For example, the following categories of noncitizens are already in compliance with the registration and fingerprinting requirement:
- Visa holders who have already been registered and fingerprinted through the visa application process;
- A visa holders;
- G visa holders;
- Those in the United States for less than 30 days;
- Certain American Indians born in Canada.
Proof of Registration
All noncitizens must carry proof of their compliance with the registration and fingerprinting requirement. The following documents constitute proof of registration:
- Form I-94 (Arrival-Departure Record);
- Form I-95 (Crewmen’s Landing Permit);
- Form I-184 (Alien Crewman Landing Permit and Identification Card);
- Form I-185 (Nonresident Alien Canadian Border Crossing Card);
- Form I-186 (Nonresident Alien Mexican Border Crossing Card);
- Form I-221 (Order to Show Cause and Notice of Hearing);
- Form I-221S (Order to Show Cause, Notice of Hearing, and Warrant of Arrest of Aliens);
- Form I-551 (Permanent Resident Card);
- Form I-766 (Employment Authorization Document);
- Form I-862 (Notice to Appear);
- Form I-863 (Notice of Referral to Immigration Judge);
- Valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport;
- Proof of Registration upon submission of Form G-325R and completion of biometrics.
Change of Address Notifications
All noncitizens required to have registered must provide notice of any change of their address within 10 days of that change. Compliance with this requirement can be achieved by a timely filing for Form AR-11 which can be submitted either online or by filing a hard copy of the form to USCIS per the instructions to Form AR-11.
