As the immigration landscape continues to evolve, it is vital to keep monitoring and understanding the requirements stipulated by new policies and regulations in order to ensure compliance. One of the latest immigration policies introduced by the Trump administration is the Alien Registration Requirement.
What is the Alien Registration Requirement?
Effective April 11, 2025, all non-citizens aged 14 years old or older, who are physically present in the United States for 30 days or longer, must “register” with the U.S. government. Failure to register may result in civil and criminal enforcement against non-citizens. Although it was first introduced by President Trump via one of the first Executive Orders (“EO”) signed on his first day in office, the “Protecting People Against Invasion” EO, the published rule originates from the Alien Registration Act, codified in section 262 of the Immigration and Nationality Act (“INA”), or 8 U.S.C. Section 1302.
Who is Required to Register?
Many non-citizens already present in the United States are not required to register pursuant to this new rule because they are already considered registered. For example:
- Legal Permanent Residents
- Non-immigrants admitted to the United States who were issued a form I-94, I-94W (even if the admission period is expired) or a visa prior to entering the United States
- Non-citizens placed in removal proceedings
- Individuals with an employment authorization document
- Individuals who have applied for lawful permanent residence and were fingerprinted
Nonetheless, many other individuals are affected by this new requirement and must register to avoid civil and criminal penalties, including:
- Canadian visitors who entered the United States at a land port of entry and were not issued a form I-94
- Foreign nationals who have entered the United States without inspection and admission
- Foreign nationals who turn 14 years old, whether previously registered or not
- Foreign nationals who submitted an application to USCIS that are not listed in 8 CFR 264.1(a), including Temporary Protected Status Applications or Deferred Action for Childhood Arrivals (DACA) applications
What Does it Mean to “Register” Pursuant to the Alien Registration Requirement?
The registration process looks like many other application processes with USCIS. Individuals required to register must create a MyUSCIS account and complete form G-325R. The form asks questions such as:
- Current mailing and physical addresses
- Address history for the past 5 years
- Immigration history information
- Biographic information
- Criminal history information
- Family information
Once the form has been completed, the applicant will receive a notification for a biometrics appointment and will be assigned a date and time to provide their fingerprints.
What are the Penalties for Failure to Register and Carrying Proof of Registration?
In addition to registering, foreign nationals are required to carry proof of registration with them at all times and a government-issued ID. Examples of valid proof of registration include:
- Your I-94
- The Legal Permanent Resident Card
- The Employment Authorization Document
- The Notice to Appear
Failure to register or carry proof of registration can result in civil and/or criminal penalties. For instance:
- Willful failure to register can result in a fine up to $5,000, imprisonment up to 6 months, or both
- Willful failure to carry proof of registration can result in a fine up to $5,000, imprisonment of up to 30 days, or both
It is important to also keep in mind that all non-citizens, even those who are already registered, are now required to provide notice to the government of a changed physical address within 10 days of the change to avoid incurring penalties such as a fine of up to $5,000, imprisonment up to 30 days, or both, as well as removal from the United States.
Get Help From CTM Legal Group
Now more than ever it is vital that non-citizens present in the United States understand the nuances of all immigration rules and regulations. At CTM Legal Group, we encourage clients and community members to seek guidance from experienced immigration attorneys.
If you or a family member are unsure about whether you are registered or required to do so under the Alien Registration Act, the attorneys at CTM Legal Group will work with you to answer all your questions and ensure compliance with immigration policies. For assistance with immigration and more, please contact CTM Legal Group at 312-818-6700.
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