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Trump Administration to Require Noncitizens to Register with Department of Homeland Security (DHS) starting April 11, 2025

Rebecca M. Bentley

Rebecca M. Bentley

  716.844.3744

  rbentley@hselaw.com

Effective April 11, 2025, noncitizens 14 years of age or older who remain in the United States for more than 30 days must, within 30 days of arrival, apply for registration and fingerprinting with the Department of Homeland Security (DHS). Adults 18 and over must carry proof of compliance with this requirement at all times. Failure to register or carry proof of registration are criminal offenses which can carry the risk of fines, imprisonment, and removal from the United States. Related to the registration requirement, noncitizens must also notify the Department of Homeland Security (DHS) of address changes within 10 days of moving.  Both the registration and change of address laws have been in effect for many decades, but the U.S. government has rarely enforced them.  

Key Takeaways:

  • Beginning April 11, 2025, noncitizens should carry proof of status or registration at all times.
  • Generally, noncitizens who remain (or plan to remain) in the U.S. for 30 days or longer must register.
  • Anyone who is subject to the registration requirement, but not already registered, must apply for registration by May 11, 2025.
  • In light of the DHS criteria on who is already registered or exempt (see below), many foreign nationals in the United States legally will not need to register (again).   
  • You are already registered if:
    • You provided fingerprints (if required) in connection with your visa application to enter the U.S.
    • You provided fingerprints (if required) in connection with an immigration benefit, such as an application for an EAD or Green Card.
    • You provided fingerprints (if required) in connection with an immigration enforcement action such as a removal proceeding or arrest.
    • You were admitted to the U.S. and issued an I-94 (paper or electronic), even if the period of admission has expired.
  • You are exempt if:
    • You are a noncitizen staying in the U.S. for less than 30 days;
    • You are a diplomatic visa holder (A or G visas); or
    • You are an American Indian born in Canada who possesses at least 50% blood of the American Indian race who are present in the U.S. under the Jay Treaty (8 U.S.C. § 1359).
  • Related to children under the age of 14 or turning 14:
    • Parents and legal guardians must register their children who are under 14 years of age, although fingerprinting is not required until the child reaches age 14.
    • Whether previously registered or not, noncitizens who turn 14 years old in the U.S. must register within 30 days of their 14th birthday and be fingerprinted*
  • You are not already registered if:
    • You are a Canadian citizen who was not issued an I-94 upon entry to the U.S., even if you were lawfully admitted or “waved through.”
    • *As per the above related to children: You turned 14 while in the U.S. and have not since provided fingerprints to DHS in connection with an application.
    • You have not been issued evidence of registration (see list below).
  • Noncitizens over 18 years of age are required to carry proof of registration at all times.
  • Failure to register or the failure to carry proof of registration are both criminal offenses.
  • The few registration programs in the past led to targeted immigration enforcement for those out of status as well as enforcement raids.
  • The requirement to report a change of address has not visibly been enforced yet.


History and Legal Authority

The authority to require registration of aliens is codified in the Immigration and Nationality Act (INA) § 262. This authority has been a part of U.S. immigration law since 1940, although it has rarely been invoked or implemented. In the modern era, the registration requirement has only been enforced in the wake of the September 11, 2001 terrorist attacks, through a program known as the National Security Entry-Exit Registration System (NSEERS). NSEERS was in effect from 2002 until 2011, when all countries were removed from the list. The program was formally deemed ineffective and dismantled in 2016.

The NSEERS program invoked the “registration requirement law” under the INA, but only applied its obligations to adult men from 24 countries which were designated “havens for terrorists.” Within the first year of NSEERS implementation, 83,000 individuals registered and 13,000 of them were placed into removal proceedings. Immigration enforcement engaged in community raids which appeared to use the information in registration filings to track down individuals who registered after their status expiration. The program’s implementation raised serious concerns over the First Amendment and Equal Protection Clause due to its specific targeting of men from Muslim-majority countries. In comparison, the Trump Administration’s blanket implementation is unlikely to raise the same constitutional issues.

Criminal Penalties

While many immigration-related violations are civil violations, failure to register as required by the registration rule is a criminal offense. Potential criminal penalties include a fine of up to $5,000, a maximum of 6 months in prison, and/or removal from the United States. A parent who fails to register their child may also be found guilty of this offense.

Likewise, failure to carry proof of registration can result in a fine of up to $5,000, a maximum of 30 days in prison, and/or removal from the United States.

Proof of Registration

A person is considered to have met the registration requirement if they have provided fingerprints to the Department of State (DOS) in connection with a visa application, or to DHS in connection with an application for a visa benefit, or as part of removal proceedings. Noncitizens must carry evidence of registration at all times. Documents currently accepted as proof of registration are:

  • I-94 Arrival-Departure Record
  • I-95, Crewmen’s Landing Permit
  • I-184, Alien Crewman Landing Permit and Identification Card
  • I-185, Nonresident Alien Canadian Border Crossing Card
  • I-186, Nonresident Alien Mexican Border Crossing Card
  • I-221, Order to Show Cause and Notice of Hearing
  • I-221S, Order to Show Cause, Notice of Hearing, and Warrant of Arrent of Aliens
  • I-551, Permanent Resident Card
  • I-766, Employment Authorization Document (EAD)
  • I-862, Notice to Appear, for those noncitizens against whom removal proceedings are being instituted
  • I-863, Notice of Referral to Immigration Judge, for those noncitizens against whom removal proceedings are being instituted
  • A valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport
  • Proof of Registration upon submission of Form G-325R via an online USCIS account (see below) and completion of biometrics.


Registration Process

File Form G-325R online through a myUSCIS account (there is the only filing option). Noncitizens 14 or older require their own account. More information about how to create a myUSCIS account can be found here: https://www.uscis.gov/file-online/how-to-create-a-uscis-online-account

Submission of Form G-325R will trigger USCIS to review whether a biometrics appointment is required. If so, USCIS will schedule a biometrics appointment where you will be fingerprinted and photographed. Once completed, USCIS should post a Proof of Registration document in your myUSCIS account. You will need to carry your proof of registration with you at all times if you are over the age of 18.  

More information provided by USCIS about this requirement can be found here: https://www.uscis.gov/alienregistration

 

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