On April 11, 2025, the United States Citizenship and Immigration Services (USCIS) will begin enforcing the newly created requirement.
Secretary Noem announced the creation of a registry for all immigrants in the United States in late February, to ensure that all non-citizens in the U.S. comply with their duty to register with the government, as mandated by the Immigration and Nationality Act (INA). As part of this registry creation, undocumented immigrants must submit their personal information or face civil and criminal penalties, including a fine or prison sentence. This followed President Trump’s Executive Order 14159, Protecting the American People Against Invasion, 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 with the registration requirement is treated as a civil and criminal enforcement priority.
While most immigrants in the U.S. have already registered when applying for their non-immigrant and immigrant visa statuses, the creation of this registry principally targets individuals who have not yet interacted with immigration officials. Furthermore, all non-U.S. citizens ages 18 and older must carry proof of registration at all times.
Purpose of the Registry
The requirement for foreign nationals to register with the U.S. federal government upon arrival is not a recent development. This mandate, known as the Alien Registration Requirement (ARR), traces its origins to the Alien Registration Act of 1940, which was enacted on June 28, 1940. This legislation required most noncitizens to register and undergo fingerprinting by federal authorities. The INA later codified these obligations. Although these provisions have long been part of U.S. immigration law, their enforcement has been inconsistent.
Historically, the federal government has not placed significant emphasis on enforcing ARR compliance, largely because most foreign nationals are already registered and fingerprinted as part of visa or ESTA program processes when seeking entry into the U.S. However, following his inauguration, President Trump issued the Protecting the American People Against Invasion executive order, which directed the Department of Homeland Security (DHS) to ensure strict adherence to the ARR. This directive also emphasized both criminal and civil enforcement against individuals who fail to comply with the registration requirement.
Agency officials have cited national security and ensuring public safety by maintaining accurate records of all non-citizens residing in the U.S. as the key purpose of creating this registry. The registry is intended to help the government track and manage the presence of immigrants, ensuring that those who the Trump administration believes pose a threat to national security are identified and addressed promptly. The creation of the registry builds on the Trump administration’s efforts to crack down on what they believe to be a mass influx of illegal immigration over the past four years.
Key Provisions:
- Mandatory Registration: All non-citizens aged 14 and older who have not been 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. Parents and guardians must ensure that their children under 14 are registered, and children must re-register within 30 days of turning 14.
- Evidence of Registration: Once registered, non-citizens over the age of 18 will receive evidence of registration, which they must carry at all times. This documentation is crucial for proving compliance with the registration requirement.
- Voluntary Self-Deportation: Immigrants who do not wish to register are being instructed to willfully depart the United States or face civil and/or criminal penalties.
- Penalties for Non-Compliance: Failure to comply with the registration requirements can result in misdemeanor criminal and civil penalties, including fines of up to $5,000 and potential jail time of up to six months. The administration has emphasized that there will be no excuses for failing to register.
- Impact of Registration:Registration does not grant any immigration status, provide work authorization, or offer protection from removal proceedings. The sole purpose of registration is for USCIS to be able to identify and track these individuals.
Who is Already Registered:
- Lawful permanent residents (green card holders);
- Individuals paroled into the United States under INA 212(d)(5) (humanitarian parole), even if the period of parole has expired;
- Individuals 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 individuals present in the United States who were issued an immigrant or nonimmigrant visa stamp prior to arrival;
- Individuals whom DHS has placed into removal proceedings;
- Individuals issued an employment authorization document (EAD);
- Individuals who have applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, or I-700, even if the applications were denied; and
- Individuals issued Border Crossing Cards.
Who is Not Registered but must Register. Anyone who has not applied for a visa from the Department of State, received an official registration document, or submitted the required forms and fingerprints (unless excused) is not considered registered. Individuals who have not registered include:
- Undocumented individuals who entered the U.S. without inspection and admission or parole who have not otherwise registered (that is, aliens who crossed the border unlawfully);
- Canadians who entered at a land port of entry but were not issued a registration document; and,
- Individuals who submitted one or more benefit requests to USCIS not listed in 8 CFR 264.1(a), including applications for deferred action or Temporary Protected Status who were not issued evidence of registration listed in 8 CFR 264.1(b)
What about children that are turning 14?
USCIS reminded the public that the following individuals must register:
- All aliens 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 or legal guardians of aliens less than 14 years of age: Parents or legal guardians must apply for the registration of aliens less than 14 years of age who have not been registered and remain in the United States for 30 days or longer, before the expiration of those 30 days; and
- Any alien, whether previously registered or not, who turns 14 years old in the United States, within 30 days after their 14th birthday.
This is a confusing area, and we hope that USCIS will issue reminders regarding green card holders who turn 14 (and who were not/are not fingerprinted within 30 days of turning 14) to register. Specifically, after reaching 14 years of age, a lawful permanent resident must register and submit a Form I-90. This filing (in essence “registration” and fingerprinting have always been required within 30 days after a child reaches 14 years of age but now this is even more critical. This requirement exists even if the green card has a printed expiration date that extends beyond the child’s 14th birthday.
How to Register:
Individuals required to register must create a USCIS account. This includes individual accounts for children. Once the account is created, registrants are directed to fill out an electronic version of the Form G-325R, Biographic Information (Registration). Form G-325R must be filed online through a USCIS online account. It cannot be filed by mail or in person.
After submission, USCIS will review the form and related records to determine whether the individual has already met the registration requirement. If biometrics are already complete, no further action will be required. Certain individuals, such as Canadian visitors or children under 14, may not be required to appear. Those required to complete biometrics must do so, as failure to appear can result in penalties.
Once all steps are completed, USCIS will issue proof of registration in the online account, available for download and printing.
