On January 20, 2025, President Trump issued an executive order directing the Department of Homeland Security (DHS) to enforce the registration of noncitizens under Section 262 of the Immigration and Nationality Act (INA), with penalties for noncompliance.

On February 25, 2025, Secretary Kristi Noem announced that the Department of Homeland Security will fully enforce the Immigration and Nationality Act by requiring all noncitizens in the United States to register under the Alien Registration Requirement.

Noncitizens who fail to comply with the registration requirement may face civil and criminal penalties, including misdemeanor charges, fines, and possible imprisonment. Those aged 18 and older must carry proof of registration at all times, and failure to do so could result in additional penalties.

Who must register?

  • All noncitizens 14 years and older who were not previously fingerprinted when applying for a visa to enter the United States, if they are staying for 30 days or longer. They must apply before the expiration of those 30 days.
  • Parents and legal guardians must register their foreign national children under the age of 14 if they will be staying in the U.S. for 30 days or more. This registration must be completed before the 30-day period ends.
  • Any foreign national, whether previously registered or not, who turns 14 years old inside the United States, must register within 30 days after their 14th

Who has already registered?

Anyone who has received an official registration document listed in 8 CFR 264.1(b) is considered registered:

  • Lawful Permanent Residents: Holders of Form I-551 (Permanent Resident Card).
  • Noncitizens with Parole: Those allowed to enter under INA Section 212(d)(5).
  • Nonimmigrants Issued Arrival-Departure Records: Individuals admitted with Form I-94 or I-94W, even if their period of admission has expired.
  • Noncitizens with Visas: Those granted immigrant or nonimmigrant visas before entering the U.S.
  • Individuals in Removal Proceedings: Those issued Form I-221 (Order to Show Cause and Notice of Hearing), Form I-221S (Order to Show Cause, Notice of Hearing, and Warrant for Arrest of Alien), Form I-862 (Notice to Appear), or Form I-863 (Notice of Referral to Immigration Judge) by the Department of Homeland Security (DHS).
  • Employment-Authorized Noncitizens: Holders of Form I-766 (Employment Authorization Document).
  • Applicants for Lawful Permanent Residence: Individuals who have submitted Forms I-485, I-687, I-691, I-698, or I-700, regardless of application outcome.
  • Border Crossing Card Holders: Individuals issued Form I-185 (Nonresident Alien Canadian Border Crossing Card), Form I-186 (Nonresident Alien Mexican Border Crossing Card), or a Border Crossing Card.
  • Crew Members: Holders of Form I-95 (Crewmen’s Landing Permit) or Form I-184 (Alien Crewman Landing Permit and Identification Card).

Who is not registered?

Anyone who hasn’t received a registration document listed in 8 CFR 264.1(b) and hasn’t submitted the required form in 8 CFR 264.1(a) or provided fingerprints (unless exempt) is not considered registered.

  • Noncitizens who have not registered include:
    • Noncitizens who are in the United States without being inspected and admitted or without being inspected and granted parole
    • Canadian visitors who entered the United States at land ports of entry and were not given proof of registration
    • Noncitizens who filed one or more requests for benefits with USCIS that are not mentioned in 8 CFR 264.1(a), such as applications for Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS), and who were not provided proof of registration

How to register?

DHS will soon introduce a form and process for noncitizens to complete the registration requirement. Starting February 25, 2025, noncitizens who are required to register should create a USCIS online account to prepare for the registration process.

Once the process is in place, noncitizens will submit their registrations through their USCIS online account. Parents and legal guardians will be responsible for submitting registration applications on behalf of children under the age of 14.

[Uncertainty and Fears]

The Alien Registration Requirement introduces significant legal and practical implications for noncitizens in the United States. Complying ensures that individuals meet their legal obligations, avoiding potential fines, misdemeanor charges, or immigration consequences. However, registering may also carry risks, as it could provide the government with information that might later be used in enforcement actions, particularly for those with uncertain or vulnerable immigration statuses. On the other hand, failing to comply could lead to civil and criminal penalties, including possible deportation proceedings. Noncitizens should carefully evaluate their situation, stay informed about their rights, and seek legal guidance before taking action.