Alien Registration Rule and Evidence of Registration
On March 12, 2025, the Department of Homeland Security (DHS) issued an interim final rule (IFR) implementing an Alien Registration requirement. The rule takes effect on April 11, 2025. As previewed in our prior alert, this rule will require many foreign nationals who are present in the United States to submit an online registration and undergo fingerprinting. In addition, individuals over the age of 18 must carry proof of registration at all times. There are significant criminal penalties for noncompliance, as described below.
DHS will accept comments on the interim final rule through May 12, 2025. Comments may be submitted through the Federal eRulemaking Portal.
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.
Alien Registration Requirement
The interim final rule requires the following:
- Foreign nationals above the age of 14 who are present in the United States for more than 30 days must comply with the registration requirement.
- Parents and legal guardians must ensure that their children are registered with the government within 30 days of their turning 14.
- All foreign nationals registered with the government who are 18 years or older must carry proof of registration with them at all times.
- Foreign nationals who are required under the INA to be registered with the government must notify DHS in writing of each change of address within ten days of moving.
USCIS’ published guidance on the Alien Registration rule can be found here.
Exempt Individuals and Individuals who are Already Registered
Many foreign nationals in the United States are already registered based on their class of admission, prior applications that they have submitted, or both. Further, individuals who hold A or G visa status, foreign nationals who will be in the US for less than 30 days, and certain Native Americans born in the US are exempt from this rule.
Individuals who have one or the following documents are already registered and do not need to take any additional steps. (Please note the exception below for children who turn 14.)
- Form I-94, Arrival-Departure Record: Both for noncitizens admitted as nonimmigrants, and noncitizens paroled into the US under 212(d)(5) of the Immigration and Nationality Act (INA);
- Form I-551, Permanent Resident Card;
- Form I-766, Employment Authorization Document (EAD);
- 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-862, Notice to Appear, for those noncitizens against whom removal proceedings are being instituted;
- Form I-863, Notice of Referral to Immigration Judge, for those noncitizens against whom removal proceedings are being instituted; or
- Valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport.
Registration Requirement
Any foreign national who is not already registered or who is not exempt from this rule must comply with the Alien Registration requirement. Effective April 11, foreign nationals aged 14 or older who are subject to the rule must, within 30 days, apply for registration using the electronic Form G-325R, Biographic Information (Registration), and must be fingerprinted.
Submission of form G-325R will initiate the process for the foreign national’s Biometric Services Appointment at a United States Citizenship and Immigration Services (USCIS) Application Support Center (ASC). Upon completion of biometrics, foreign nationals will receive a Proof of Alien Registration document via their myUSCIS account. Individuals who are exempt from the biometrics requirement will receive a Proof of Alien Registration document once Form G-325R is submitted to USCIS.
Registration Requirement for all Foreign Nationals Who Reach the Age of 14
The Alien Registration rule requires all foreign nationals who turn 14 years old to complete a G-325R registration form and be fingerprinted within 30 days after their fourteenth birthday. This is true even if the individual was previously registered based on having one of the documents described above.
Penalties for Noncompliance
Failure to comply with numerous aspects of the Alien Registration rule is a criminal violation and can lead to fines or imprisonment, as follows:
- Submission of a registration application with knowingly false information: Subject to criminal prosecution; further, a conviction for a fraudulent registration is grounds for removal (deportation).
- Failure to comply with the registration and fingerprinting requirement: Fine of up to $5,000, or imprisonment for up to six months, or both.
- Parents who fail to ensure that children comply with the registration and fingerprinting requirement within 30 days of their fourteenth birthday: Fine of up to $5,000, or imprisonment for up to six months, or both.
- Failure to carry proof of registration for any foreign national age 18 or older: Fine of up to $5,000, or imprisonment for up to 30 days, or both.
- Failure to notify DHS of a change of address within ten days of moving, for anyone required under the INA to be registered with the government: Fine of up to $5,000, or imprisonment for up to 30 days, or both. In addition, failure to comply with the change of address requirement is grounds for removal (deportation), unless the individual, “establishes that such failure was reasonably excusable or was not willful.”
Guidance for Foreign Nationals on Compliance with the Rule
All foreign nationals in the US should ensure that they maintain compliance with this rule, as follows:
- Understand clearly if they are required to submit a Form G-325R, Biographic Information (Registration), or if they are already registered or are exempt, as described above.
- Ensure that children submit a Form G-325R within 30 days of their fourteenth birthday.
- Carry proof of registration at all times. This includes one of the following:
- Proof of Alien Registration document (following submission of G-325R);
- Form I-94, Arrival-Departure Record: Both for noncitizens admitted as nonimmigrants, and noncitizens paroled into the US under 212(d)(5) of the Immigration and Nationality Act (INA);
- Form I-551, Permanent Resident Card;
- Form I-766, Employment Authorization Document (EAD);
- 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 Arrent of Aliens;
- Form I-862, Notice to Appear, for those noncitizens against whom removal proceedings are being instituted;
- Form I-863, Notice of Referral to Immigration Judge, for those noncitizens against whom removal proceedings are being instituted; or
- Valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport.
- Notify DHS of a change of address within ten days of moving. Mintz guidance on notifying DHS of a change of address can be found in our Resource Guide.
For more information regarding the Alien Registration rule, please contact your Mintz immigration attorney.
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