USCIS Announces Alien Registration Requirement
On February 25, 2025, United States Citizenship and Immigration Services (USCIS) announced a proposed alien registration requirement, which will require many foreign nationals who are present in the United States to submit an online registration and undergo fingerprinting. Individuals over the age of 18 must carry proof of registration at all times.
Background
This alien registration requirement is based on President Trump’s controversial January 20, 2025 executive order titled“Protecting the American People Against Invasion.” Section 7 of this executive order, titled “Identification of Unregistered Illegal Aliens,” instructs that “unregistered” aliens must comply with a 1952 statute that mandates the registration and fingerprinting of certain unregistered foreign nationals in the United States.
According to the USCIS announcement, “No alien will have an excuse for failure to comply with this law.” In addition, “Failure to comply will result in criminal and civil penalties, up to and including misdemeanor prosecution and the payment of fines.”
Alien Registration Requirement
Many foreign nationals who are present in the United States are already “registered” in that they were inspected and admitted to the United States; have applied for a benefit after entering the United States; or have been placed in removal proceedings.
With some exceptions, the following foreign nationals must comply with this requirement if they remain in the United States for 30 days or longer:
- Individuals who were not inspected and lawfully admitted when entering the United States;
- Visitors from Canada who entered by land and were not inspected; and
- Foreign nationals who applied for Deferred Action for Childhood Arrivals (DACA), Temporary Protected Status (TPS), or similar benefits programs that are not listed in 8 C.F.R. § 264.1(a), and who were not inspected and admitted to the United States and who have not been issued an employment authorization document (EAD).
Registration must be completed by any individual subject to the alien registration requirement as follows:
- All aliens 14 years of age or older who were not registered and who remain in the United States for 30 days or longer. They must apply before the expiration of those 30 days.
- The parents and legal guardians of aliens less than 14 years of age who have not been registered and remain in the United States for 30 days or longer prior to the expiration of those 30 days. Please note: The USCIS announcement contradicts itself. It appears that parents and legal guardians must submit registrations on behalf of their children under age 14, but this is not clear.
- Any alien, whether previously registered or not, who turns 14 years old in the United States within 30 days after their fourteenth birthday. Please note: It appears that all children, even those previously registered, must comply with this alien registration requirement and complete an alien registration within 30 days after they turn 14.
Foreign Nationals Who Are Exempt from the Registration Requirement
According to the USCIS announcement, foreign nationals who have already “registered” and are therefore exempt from this requirement include:
- Lawful permanent residents;
- Aliens paroled into the United States under INA 212(d)(5), even if the period of parole has expired;
- Aliens 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 aliens present in the United States who were issued immigrant or nonimmigrant visas prior to arrival;
- Aliens whom DHS has placed into removal proceedings;
- Aliens issued an employment authorization document (EAD);
- Please note: Many individuals in DACA and TPS status have been issued an EAD. Presumably the EAD card is evidence of “registration” and therefore individuals in DACA or TPS status and who have been issued an EAD are exempt.
- Aliens who have applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, I-700, even if the applications were denied; and,
- Aliens issued Border Crossing Cards.
Proof of Registration
According to the announcement, all foreign nationals over the age of 18 must carry proof of registration and keep it in their possession at all times. We presume that USCIS intended to make this a mandatory requirement for individuals aged 18 or older.
Next Steps
The USCIS announcement states that the Department of Homeland Security (DHS) will “soon announce” a form and process for registration to be completed. USCIS also advises foreign nationals who are subject to this registration requirement to create a USCIS Online Account.
Analysis
This alien registration requirement is likely to lead to an increase in ICE arrests and in individuals being placed in removal proceedings. At present, there is no mandate to create a USCIS online account, and we advise foreign nationals who are subject to this registration requirement to delay creating an online account until further details are announced.
All foreign nationals aged 18 or older are advised to carry proof of their legal status at all times, in accordance with this announcement.
Finally, we expect that this alien registration requirement will be challenged in federal court, and there will likely be many updates on the enforceability of this provision.
For more information about this new registration requirement, please contact your Mintz Immigration attorney.
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