Immigration

United States | DHS announces new noncitizen registration requirement

Summary

The United States Citizenship and Immigration Services (USCIS) announced plans to implement a new registration requirement for all noncitizens to facilitate compliance with the “Protecting the American People Against Invasion” Executive Order issued by President Trump. The implementation of this requirement will lay the groundwork for the federal government to enforce civil and criminal penalties against noncitizens who fail to register, or fail to carry proof of their registration.

The detail

President Trump issued the “Protecting the American People Against Invasion” Executive Order on January 20, 2025, which includes a directive that the Department of Homeland Security (DHS) enforce a longstanding registration requirement set forth under Section 262 of the Immigration and Nationality Act (INA) (8 USC § 1302). Specifically, pursuant to the INA, any noncitizen 14 years or older who has not already been “registered and fingerprinted” must register with the federal government within 30 days of their arrival; noncitizens under 14 years of age must be registered by a parent. The INA provides that anyone who has not complied with this requirement may be subject to civil and criminal enforcement, including misdemeanor prosecution, imprisonment, and monetary fines.

On February 25, 2025, a USCIS announcement provided more specifics about the forthcoming implementation of the registration requirement, including additional guidance on who is required to register and the process to register.

However, that guidance (detailed below) contains some conflicting and incomplete information. The Interim Final Regulation will need to be carefully reviewed when it is published, as the regulation– not a website announcement– will ultimately govern the registration requirement and process.

Registration

Registration is not an immigration status, and registration documentation does not establish employment authorization or any other right or benefit under the INA or other laws.

While the majority of noncitizens have already registered, many noncitizens in the United States have not had a direct way to register and meet the registration requirement under the INA.

Who has already registered?

Any noncitizen who has received a document listed in 8 CFR § 264.1(b) is considered as already registered and in compliance with the INA:

• Lawful permanent residents
• Noncitizens paroled into the US under INA § 212(d)(5) (even if the period of parole has expired)
• Noncitizens admitted to the US as nonimmigrants who were issued Form I-94 (even if the period of admission has expired)
• Noncitizens present in the US who were issued immigrant or nonimmigrant visas prior to arrival
• Noncitizens placed into removal proceedings by DHS
• Noncitizens issued an employment authorization document (EAD)
• Noncitizens who have applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, or I-700 (even if the applications were denied)
• Noncitizens issued Border Crossing Cards

Who must apply for registration with the new system?

• All noncitizens 14 years of age or older who were not registered and fingerprinted (if required) when applying for a visa to enter the United States 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 noncitizens 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
• Any noncitizens, whether previously registered or not, who turn 14 years old in the United States, within 30 days after their 14th birthday

Who is not registered?

Individuals who are considered not registered and who must register via the new system to be in compliance with the registration requirement include:

• Noncitizens present in the US without inspection and admission or inspection and parole
• Canadian visitors who entered the US at land ports of entry and were not issued evidence of registration
• Noncitizens who submitted one or more benefit requests to USCIS not listed in 8 CFR § 264.1(a), including applications for Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS), who were not issued evidence of registration

How to register?

USCIS is creating a registration process to facilitate compliance. At this time, USCIS has requested that noncitizens create an USCIS online account to prepare for the registration process. Once DHS finalizes the form and registration process, registration applications will be submitted through the USCIS portal.

What this means

The new registration requirement forces “unregistered” noncitizens to choose between two risky options. Choosing to submit the designated form to the federal government, once it is available, may put them at risk of being placed in removal proceedings. On the other hand, choosing not to register may put them at risk of future criminal prosecution for failing to register if they are apprehended by law enforcement at a later point.

Additionally, it raises the possibility that noncitizens who are already registered—including those with legal status—may be arrested for failing to carry proof of their registration with them at all times or failing to provide it to law enforcement when asked.

It is essential that individuals who may be affected by this policy consult with a competent and reputable immigration lawyer, if at all possible, to receive the most appropriate advice for their circumstances. Vialto will continue to monitor for the issuance of USCIS’ proposed regulation on the registration requirement and will then provide further information and guidance.

Contact us

For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:

Manish Daftari
Partner

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