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What to Know About Alien Registration Requirements
Contributor: Van T. Doan
On January, 20, 2025, the first day of his term, Donald Trump signed an executive order called “Protecting the American People Against Invasion.” As part of this executive order, the Department of Homeland Security (DHS) was directed to enforce compliance with alien registration requirements in Section 262 of the Immigration and Nationality Act (INA).
To implement the executive order, the U.S. Citizenship and Immigration Services has put in place a new registration requirement that compels certain non-U.S. citizens (aliens) to register with DHS. Those who fail to comply with the changing legal requirements could face both civil and criminal enforcement measures, including misdemeanor prosecution and the imposition of fines.
The implementation of the process for alien registration is evolving and the information provided online by USCIS is incomplete, conflicting, or otherwise confusing. The alien registration requirements will ultimately be governed by a published regulation, not a website post. Here’s what we know at this time.
What is the New Alien Registration Requirement?
The new requirement requires all noncitizens who are 14 years of age or older, who were not fingerprinted or registered when applying for a U.S. visa, and who remain in the United States for 30 days or longer, to apply for registration and fingerprinting.
Children under 14 are not exempt from registration, but parents and guardians are responsible for registering them. Once a child turns 14, they must apply for re-registration and fingerprinting within 40 days. The registration requirement also applies to Canadians entering the United States for business or for other purposes for 30 days or more, and who do not receive a Form I-94.
Who is Exempt From the Registration Requirements?
You are exempt from the alien registration requirements if you fall into one of the following categories:
- Visa holders who have already been registered and fingerprinted as part of the visa application process
- A visa holders
- G visa holders
- Individuals in the United States for less than 30 days
- American Indians born in Canada who possess at least 50% blood of the American indian race who are present in the United States under the authority of 8 USC Section 1359
- A U.S. lawful permanent resident (green card holder) outside of the United States when they turn 14; however, they are required to apply for registration and provide a photograph within 30 days of their return to the United States
If you are not sure whether you are exempt from registration, contact an experienced immigration attorney for guidance.
How Do I Know if I am Already Registered?
If you have submitted one of the forms listed on 8 CFR 264.1(a), you are already registered. This list includes green card holders, visa holders, parolees, individuals who have received employment authorization, and individuals who are in removal proceedings. The code section also includes a list of documents that are considered proof of registration. Be aware that this regulation has not been updated since 1960, so it is possible that other documents not listed could be used as proof of registration.
If you fall into one of the following categories, you are probably not registered:
- Individuals who entered the United States without inspection
- Canadians who entered the United States at a land port and were not issued evidence of registration
- Individuals who applied for immigration benefits not listed in 8 CFR 264.1(a), including applicants for Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS)
If you are not registered and need guidance as to how to complete the registration process, an immigration attorney can help.
Should I Carry Proof That I Have Fulfilled Registration Requirements?
Yes. If you are 18 years or older, you must carry proof of your registration and fingerprinting at all times. Failure to carry such proof could be charged as a misdemeanor punishable by a fine and/or imprisonment.
Is There a Fee for the Alien Registration Process?
As of March 2025, USCIS has not specified a fee for the alien registration process, but it is possible that a fee could be imposed at a later date.
What Should I Do if I Have Questions About the Alien Registration Requirement?
If you have any questions about the new alien registration requirement, including whether you are required to register or how to properly do so, contact a licensed immigration attorney without delay. To learn more about the alien registration requirement or get help with compliance, contact our law office today.