The Alien Registration Requirement
On January 20, 2025, newly-inaugurated U.S. president Donald Trump issued Executive Order (EO) 14159, Protecting the American People Against Invasion. This EO directs the Department of Homeland Security (DHS) to implement INA s. 262 (8 U.S.C. s. 1302), which requires certain non-citizens to register with the federal government. The EO also directs DHS to ensure that failure to comply with the registry will be treated as a civil and criminal enforcement priority.
Following Trump’s EO, Citizenship and Immigration Services (USCIS) published the Alien Registration Requirement instruction page, which advises:
“The INA requires that, with limited exceptions, all aliens 14 years of age or older who were not registered and fingerprinted (if required) 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. Similarly, parents and legal guardians of aliens below the age of 14 must ensure that those aliens are registered. Within 30 days of reaching his or her 14th birthday, all previously registered aliens must apply for re-registration and to be fingerprinted. Once an alien has registered and appeared for fingerprinting (unless waived), DHS will issue evidence of registration, which aliens over the age of 18 must carry and keep in their personal possession at all times. It is the legal obligation of all unregistered aliens (or previously registered aliens who turn 14 years old) who are in the United States for 30 days or longer to comply with these requirements. Failure to comply may result in criminal and civil penalties, up to and including misdemeanor prosecution, the imposition of fines, and incarceration. Many aliens in the United States have already registered, as required by law. However, a significant number of aliens present in the United States have had no direct way to register and meet their obligation under INA 262. USCIS has established a new form, G-325R, Biometric Information (Registration), and an online process by which unregistered aliens may register and comply with the law as required by the INA. Registration is not an immigration status, and registration documentation does not create an immigration status, establish employment authorization, or provide any other right or benefit under the INA or any other U.S. law.”
What does this mean, in practice, for non-citizens who are inside the United States?
Had we elected a better president, one who was capable of hiring better people, we likely would not be asking this question. But, here we are. In order to understand the Alien Registration Requirement, you have to understand two especially important parts of the Immigration and Nationality Act (INA): INA s. 262 and INA s. 221(b).
What does INA s. 262 say?
To begin, we should review INA s 262, because this is the legal basis for the Alien Registration Requirement. This section of law is broken into three subparts:
INA s. 262(a):
It shall be the duty of every alien now or hereafter in the United States, who:
is fourteen years of age or older;
has not been registered and fingerprinted under INA s. 221(b) or section 30 or 31 of the Alien Registration Act, 1940; and
remains in the United States for thirty days or longer;
to apply for registration and to be fingerprinted before the expiration of such thirty days.
INA s. 262(b):
It shall be the duty of every parent or legal guardian of any alien now or hereafter in the United States, who:
is less than fourteen years of age;
has not been registered under INA s. 221(b) or section 30 or 31 of the Alien Registration Act, 1940; and
remains in the United States for thirty days or longer.
to apply for the registration of such alien before the expiration of such thirty days.
Whenever any alien attains his fourteenth birthday in the United States he shall, within thirty days thereafter, apply in person for registration and to be fingerprinted.
INA s. 262(c): The Attorney General may, in his discretion and on the basis of reciprocity pursuant to such regulations as he may prescribe, waive the requirement of fingerprinting specified in INA s. 262(a) and (b), in the case of any nonimmigrant.
Note that sections 30 and 31 of the Alien Registration Act of 1940 say essentially the same thing as INA s. 262.
What does INA s. 221(b) say?
INA s. 262 references INA s. 221(b), so, in order to interpret INA s. 262, we have to understand INA s. 221(b).
INA s. 221(b): Each alien who applies for a visa shall be registered in connection with his application, and shall furnish copies of his photograph signed by him for such use as may be by regulations required. The requirements of this subsection may be waived in the discretion of the Secretary of State in the case of any alien who is within that class of nonimmigrants enumerated in INA s. 101(a)(15)(A) (ambassadors/diplomats) and INA s. (a)(15)(G) (certain agents of international organizations and foreign government officials), or in the case of any alien who is granted a diplomatic visa on a diplomatic passport or on the equivalent thereof.
In simple terms, INA s 221(b) requires all non-citizens who apply for a visa to be registered. It says nothing about registration for undocumented persons (e.g. someone who entered unlawfully without a visa).
What does it all mean?
It’s hard to say exactly what this all means. Again, we deserve a better president and a better government than the one we have under Donald Trump. But here we are.
When you break down INA s. 262 and INA s. 221(b), then, it appears that the Alien Registration Requirement says:
Non-citizens must register and be fingerprinted within 30 days of entering the U.S., if they:
are age 14 or older;
have not been registered and fingerprinted in connection with their visa application; and
remain in the United States for thirty days or longer.
Parents and legal guardians of non-citizens in the U.S. must apply to register on behalf of the under age 14 non-citizen, and, when the non-citizen turns age 14 in the U.S., then they must register the non-citizen.
Who is already registered?
Non-citizens who submitted one of the forms listed on 8 CFR 264.1(a), including Green Card holders, visa holders, parolees, employment authorization recipients, and non-citizens who are in removal proceedings, are already registered.
You can find a list of documents under 8 CFR 264.1(b) which are designated as evidence of registration:
I-94, Arrival-Departure Record—Aliens admitted as nonimmigrants; aliens paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act; aliens whose claimed entry prior to July 1, 1924, cannot be verified, they having satisfactorily established residence in the United States since prior to July 1, 1924; and aliens granted permission to depart without the institution of deportation proceedings.
I-95, Crewmen's Landing Permit—Crewmen arriving by vessel or aircraft.
I-184, Alien Crewman Landing Permit and Identification Card—Crewmen arriving by vessel.
I-185, Nonresident Alien Canadian Border Crossing Card—Citizens of Canada or British subjects residing in Canada.
I-186, Nonresident Alien Mexican Border Crossing Card—Citizens of Mexico residing in Mexico.
I-221, Order to Show Cause and Notice of Hearing—Aliens against whom deportation proceedings are being instituted.
I-221S, Order to Show Cause, Notice of Hearing, and Warrant for Arrest of Alien—Aliens against whom deportation proceedings are being instituted.
I-551, Permanent Resident Card—Lawful permanent resident of the United States.
I-766, Employment Authorization Document.
I-862, Notice to Appear—Aliens against whom removal proceedings are being instituted.
I-863, Notice of Referral to Immigration Judge—Aliens against whom removal proceedings are being instituted.
How to register under the Alien Registration Act?
Registration appears only to be available online. You can register for a free USCIS online account and then file the Form G-325R, Biographic Information (Registration). Once you register, you will be scheduled for a biometrics (fingerprint and photograph) appointment at a DHS application support center near you.
Penalties for failing to register?
According to DHS, if you are required to register, whether as a non-citizen or as the parent/guardian of a non-citizen under age 14, and you “willfully” fail or refuse to register, then you “will be guilty of a misdemeanor and will, upon conviction, be fined not to exceed $5,000 or be imprisoned not more than 6 months, or both.”
Risks of registration?
If you are undocumented, or if you have overstayed your visa, or if you are otherwise in violation of immigration law in some way, then registration, in effect, is raising your hand and telling the federal government “here I am.” You risk being placed into removal proceedings, or, if the law permits, being deported without due process protection (expedited removal).
Is this clear?
Not really. There’s a question of whether or not it applies only to people who applied for visas (note the language referencing INA s. 221(b)), or whether it also applies more broadly to any non-citizen who stays in the U.S. for longer. This is probably an unintentional oversight by the Trump administration, or perhaps they’re intentionally skirting the limits of the law to try to create fear and chaos.
Regardless, the best thing a non-citizen can do is consult with an experienced immigration attorney.
What should you do?
Follow the law. But what does this mean?
Contact an Attorney
Having a relationship with experienced counsel can help expedite any legal immigration process you might qualify for. You can review your options and be ready. You might even qualify for something already.
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