Navigating the New Alien Registration Rules: What You Need to Know

On March 12, 2025, the Department of Homeland Security (DHS) issued an interim final rule (IFR) implementing an Alien Registration requirement. This rule, effective April 11, 2025, is based on President Trump’s 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. This webinar provides guidance on navigating these new requirements.

Mintz attorneys John Quill, William Coffman, and Maryanne Kline discuss topics such as:

The Purpose and Current Status of the Rule

• Basis: Trump’s January 20, 2025, Executive Order titled “Protecting the American People Against Invasion”
• Mandate: Foreign nationals must submit electronic registration to USCIS and be fingerprinted

• Status: Interim final rule effective April 11, 2025. Notice and Comment Period ends May 12, 2025. Current litigation includes a lawsuit by the American Immigration Counsel requesting a preliminary injunction

Who is Required to Register

• Core Requirements:
  • Foreign nationals present in the US for more than 30 days must register
  • Parents/guardians must register children under 14
  • Children turning 14 must be registered and fingerprinted within 30 days of their fourteenth birthday
  • Foreign nationals 18 years or older must carry proof of registration at all times.
  • Notify DHS of address changes within ten days

Who is Exempt

• The following individuals are exempt from this requirement based on their class of admission, prior applications that they have submitted to DHS, or both.
  • Holders of A or G visa status 
  • Foreign nationals in the US for less than 30 days 
  • Certain Native Americans born in Canada
  • 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
  • Valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport
    

Registration Process

• Apply for registration within 30 days of the rule taking effect
• Complete electronic Form G-325R and fingerprinting at USCIS Application Support Center (ASC)
• Create USCIS online account to file the form
• Receive electronic Proof of Alien Registration Document

Proof of Registration

• Foreign nationals 18 and older must carry proof of registration
• Exempt individuals must carry proof of their status
• Recommendation: Carry electronic and physical documentation of status or registration 

Penalties for Noncompliance

• Potential penalties
  • False information: Criminal prosecution and grounds for deportation
  • Failure to register/fingerprint: Fine up to $5,000 or imprisonment up to six months, or both
  • Parents failing to register children: Fine up to $5,000 or imprisonment up to six months, or both
  • Failure to carry proof of registration: Fine up to $5,000 or imprisonment up to six months, or both
  • Failure to notify DHS of address change: Fine up to $5,000 or imprisonment up to 30 days, or both

Guidance for Foreign Nationals

• Recommendations
  • Determine if required to submit Form G-325R or if exempt
  • Ensure children submit Form G-325R within 30 days of turning 14
  • Carry proof of registration at all times
  • Notify DHS of address changes within ten days 

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