The Alien Registration Requirement Explained
Where did the current Alien Registration Requirement come from?
In his very first few weeks in office, President Trump issued Executive Order 14159 (“Protecting the American People Against Invasion”), which purportedly directed the Department of Homeland Security to enforce Section 262 of the Immigration and Nationality Act (“INA”) requiring aliens to register with the government.
What does Section 262 of the INA say?
Section 262 of the INA is further codified in 8 U.S.C. 1302. It requires that all aliens 14 years or older who were not registered and fingerprinted and remain in the United States for 30 days or longer to apply for registration and fingerprinting. For any alien who is under the age of 14, the parent or legal guardian of that person must ensure their children comply with the requirement for registration and fingerprinting. Further, it requires that upon turning 14, the alien has 30 days to re-register and get fingerprinted.
Who is already registered?
According to the USCIS, the following aliens may be found to have already registered:
Lawful permanent residents (green card holders);
Aliens paroled into the US under INA 212(d)(b);
Aliens admitted to the US as nonimmigrants who were issued Form I-94 or I94W;
Aliens present in the US who were issued immigrant or nonimmigrant visas before their last date of arrival;
Aliens in removal proceedings;
Aliens issued employment authorizations documents (“EADs”);
Aliens who applied for lawful permanent residence; and
Aliens issued Border Crossing Cards.
How do I register?
Step 1: Create a USCIS online account
Step 2: Submit Form G-325R
Step 3: USCIS reviews the submitted Form G-325R. USCIS will determine whether the alien has already registered. If necessary, USCIS will then require the client to appear for a biometrics appointment (fingerprinting).
Step 4: Attend the biometrics appointment
Step 5: Receive registration documentation
Are there penalties for non-compliance?
According to USCIS, any alien who “willfully” fails or refuses to apply to register or be fingerprinted, and any parent or legal guardian who is required to apply for registration and fingerprinting on behalf of an alien under the age for 14, is guilty of a misdemeanor and if convicted, may be fined up to $5,000.00 or be imprisoned for up to 6 months, or both.
When does the requirement for registration begin?
Currently, the registration requirement for aliens is set to begin on April 11, 2025. However, there have been lawsuits filed which may impact the start date of the registration requirement.
