Overview of the Alien Registration Requirement
On February 25, 2025, USCIS announced an updated on the Alien Registration Requirement.
On January 20, 2025, President Trump signed the Protecting the American People Against Invasion executive order. This directive requires the Department of Homeland Security (DHS) to enforce alien registration laws under Section 262 of the Immigration and Nationality Act (INA) (8 U.S.C. 1302).
This mandate ensures that all undocumented immigrants residing in the United States, aged 14 and above, to register, submit fingerprints, and provide their current residential address. Non-compliance may lead to fines up to $5,000 or imprisonment for up to six months.
“President Trump and Secretary Noem have a clear message for those in our country illegally: leave now,” said DHS spokeswoman Tricia McLaughlin.
Key Aspects of the New Registry
· Mandatory Registration Requirements: The Trump administration’s plan will require undocumented immigrants aged 14 and older to register with the federal government, providing fingerprints and home addresses.
- Biometric Data: Individuals must provide fingerprints as part of the process.
- Address Disclosure: Registrants are required to submit their current residential address.
- Affects those who have been in the U.S. for over 30 days without registering.
- Parents or guardians must register minors on their behalf.
- Registered individuals will receive a document they must carry at all times.
- The policy does not apply to:
- Legal permanent residents
- Immigrants with government-issued work permits
- Visa holders, even if they have overstayed
- Those under humanitarian parole or pending court proceedings
· Legal Implications: Failure to register can result in fines up to $5,000 and imprisonment for up to six months.
· Implementation Timeline: The Department of Homeland Security (DHS) has announced that the registration process will commence soon, with specific deadlines to
- Legal Justification: The administration cites the Immigration and Nationality Act as the basis for enforcement.
Who Needs to Register? Undocumented Immigrants
Mandatory Registration Applies To:
- Aliens 14 years or older who were not fingerprinted or registered when applying for a U.S. visa and who remain in the U.S. for 30 days or longer.
- Parents and guardians of children under 14 who have not been registered.
- Aliens who turn 14 must apply for re-registration and fingerprinting within 30 days of their birthday.
Who is Exempt?
Some individuals do not need to register, including:
- American Indians born in Canada who entered under INA Section 289.
- Members of the Texas Band of Kickapoo Indians under the Texas Band of Kickapoo Act.
What Happens After Registration?
Once registered and fingerprinted (if required), DHS will issue evidence of registration to aliens. Immigration officials will oversee the registration process and ensure compliance with the new requirements.
Important Notes:
- Aliens 18 and older must carry registration documents at all times.
- Registration is not an immigration status and does not grant employment authorization or legal residency.
- Failure to comply with registration requirements may result in civil and criminal penalties, fines, and legal consequences.
Who is Already Registered?
Many non-citizens in the U.S. are already registered, including:
- Lawful Permanent Residents (Green Card holders)
- Aliens paroled into the U.S. under INA 212(d)(5) (even if parole has expired)
- Aliens admitted on nonimmigrant visas (I-94 or I-94W holders, even if expired)
- Individuals issued an immigrant or nonimmigrant visa before arrival
- Aliens in removal proceedings
- Aliens issued an Employment Authorization Document (EAD)
- Aliens who applied for lawful permanent residency (Form I-485, I-687, I-691, I-698, I-700, even if denied)
- Holders of Border Crossing Cards
Who Has NOT Registered?
Individuals who have not submitted the required registration forms and do not possess official registration evidence are considered unregistered. This includes:
- Aliens who entered the U.S. without inspection or admission
- Canadian visitors who entered at land ports of entry without registration documents
- Individuals who applied for certain benefits (e.g., Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS)) but were not issued registration documents
How to Register: New Process Starting February 25, 2025
DHS is launching a new online registration process to streamline compliance for unregistered aliens.
Steps to Register:
- Create a USCIS Online Account
- Visit USCIS Online Account to create your account.
- Follow the instructions on the How to Create a USCIS Online Account page.
- Complete and Submit Registration Form
- Once the new form becomes available, applicants must complete their registration via their USCIS online account.
Parents and guardians must submit registrations for children under 14.
- Fingerprinting Appointment (if required)
- Some applicants may need to attend an in-person biometrics appointment.
- Instructions will be provided after submitting the registration form.
Government’s Justification
DHS officials argue that the new registry is intended to enforce existing laws that previous administrations have neglected. The policy is based on a law from World War II, initially designed to track suspected communists. Officials claim the measure will help maintain national security and encourage voluntary departure.
The administration aims to uniformly apply all our immigration laws to ensure national security and accountability.
Implications for Affected Individuals
· Documentation: Registered individuals over 18 will receive proof of registration, which must be carried at all times.
· Legal Status: Registration does not confer legal status, employment authorization, or other benefits under U.S. law.
* USCIS is likely to use this data to initiate removal proceedings for many undocumented immigrants.
Legal Obligation and Consequences of Failing to Register
Legal Penalties for Non-Compliance
Failure to register as required under INA Section 262 may result in:
- Criminal Charges: Misdemeanor prosecution
- Civil Penalties: Fines and additional legal actions
- Potential Immigration Consequences: Impact on future visa, residency, or citizenship applications
Impact on Immigrant Communities
Critics argue that the policy could:
- Heighten fear among immigrant communities.
- Encourage racial profiling and discrimination.
- Separate families, as mixed-status households face uncertainty.
Advocacy groups are urging immigrants to seek legal counsel before registering. Click here for legal aid resources.
Policy Objectives
This initiative aligns with the administration’s broader efforts to:
- Implement stricter immigration controls.
- Facilitate mass deportations.
- Prevent future asylum-seekers from entering the U.S.
According to DHS, failure to register will be considered a criminal offense, carrying penalties such as fines, imprisonment, or both.
Historical Context: Immigration and Nationality Act
This policy draws upon Section 262 of the Immigration and Nationality Act (INA), which mandates that all aliens in the U.S. for 30 days or longer register with the government. Historically, similar registries were implemented during World War II under the Alien Registration Act of 1940 and post-9/11, targeting specific immigrant groups.
Criticism and Concerns
Immigration advocacy groups, such as the National Immigration Law Center, argue that the registry could be used to identify and deport undocumented individuals, raising concerns about potential misuse and targeting.
The last comprehensive registration effort was the Alien Registration Act of 1940, aimed at identifying potential security threats. Critics claim the current initiative mirrors past efforts to surveil and deport marginalized groups
The EO references a law from over 50 years ago that requires certain non-citizens to register with the U.S. government.
- Historical Parallels: This policy has similarities to past discriminatory registration programs targeting people based on race and nationality.
- Current Confusion: There is no existing universal system for registering non-citizens in the U.S., making the implementation process unclear.
Reactions from Advocacy Groups
The National Immigration Law Center and other organizations have raised concerns that the registry could be weaponized against immigrant communities.
“Any attempt by the Trump administration to create a registration process would ultimately serve as a tool for detention and deportation,” the group stated.
Comparison to Previous Immigration Policies
|
Policy |
Year |
Administration |
Impact |
| Secure Communities | 2008 | Bush/Obama | Increased ICE detentions |
| DACA | 2012 | Obama | Protection for undocumented youth |
| Zero Tolerance | 2018 | Trump | Family separations |
| Public Charge Rule | 2019 | Trump | Limited green cards for low-income immigrants |
| Registry Requirement | 2025 | Trump | Criminal penalties for unregistered immigrants |
Public Response
While supporters argue that enforcing existing immigration laws strengthens national security, opponents warn of potential human rights violations. Legal challenges are expected as civil rights groups prepare to fight the policy in court.
Economic and Social Implications
Impact on Local Communities
Mass deportation—whether voluntary or forced—could have far-reaching consequences for local communities.
The administration’s strategy includes measures to encourage undocumented immigrants to leave the country voluntarily to avoid fines and imprisonment.
Employment Sectors Most Affected
The undocumented workforce is concentrated in specific industries, as reported by the
Migration Policy Institute (MPI):
|
Industry Sector |
Percentage of Undocumented Workers |
| Professional, scientific, administrative services | 22% |
| Construction | 20% |
| Hospitality (Accommodation, Food Services, Arts, Recreation) | 13% |
| Manufacturing | 11% |
| Retail Trade | 8% |
(Source: Migration Policy Institute – Full Report Here)
The Role of Immigrant Workers in Agriculture
Farmers, have voiced concerns over the potential labor shortages this policy may create. Many rely on undocumented labor due to the inadequacy of the existing temporary worker visa program. Estimates suggest that 40% to 70% of farmworkers nationwide may be undocumented, although precise local numbers are unavailable.
What’s Next?
The U.S. Citizenship and Immigration Services (USCIS) is developing the registration form and process. Undocumented immigrants are advised to stay informed about the registration requirements and seek legal counsel to understand the implications of this policy.
Uncertain Compliance: It remains unclear how many undocumented individuals will voluntarily come forward to register.
Legal & Civil Rights Concerns: Advocacy groups argue that the registry could lead to mass deportations and target vulnerable communities.
The following are the likely next steps:
- Awaiting publication of the online registration form.
- Potential lawsuits challenging the legality of the policy.
- Increased ICE enforcement actions anticipated.
Frequently Asked Questions (FAQ)
1. What has the Trump administration said about non-citizen registration?
The administration claims the registration requirement is meant to enhance national security and ensure accountability for undocumented immigrants. However, advocacy groups argue that it could lead to racial profiling, increased surveillance, and mass deportations.
- DHS has stated that failure to register could result in criminal penalties and deportation proceedings.
- Advocacy groups have raised concerns about data privacy and potential misuse of registrant information.
🔗 Read DHS’s official announcement
2. What is the registration process under the Executive Order?
The EO suggests creating a system for non-citizen registration, but details remain unclear.
Here’s what we know so far:
- The process will likely require proof of identity, residency, and immigration status.
- Non-citizens might have to register online or at designated DHS offices.
- There is no clear guidance yet on whether certain visa holders, asylum seekers, or DACA recipients must comply.
3. Has the U.S. government ever required non-citizens to register before?
Yes, there have been historical precedents for immigrant registration, often resulting in civil rights violations:
- 1940 Alien Registration Act: Required all non-citizens to register and be fingerprinted.
- Post-9/11 National Security Entry-Exit Registration System (NSEERS): Targeted individuals from Muslim-majority countries, leading to deportations and long-term profiling concerns.
- Japanese-American Internment (1940s): Forced registration and relocation of over 120,000 Japanese Americans and immigrants.
Historical Context: Government registration programs have often been linked to discrimination and have disproportionately targeted certain ethnic and racial groups.
4. How can communities prepare for the registration requirement?
If this EO leads to an enforced registration process, immigrant communities should take proactive steps:
Stay Informed:
Seek Legal Advice
Know Your Rights: Understand what to do if approached by Immigration and Customs Enforcement (ICE).
- Do not sign anything without legal counsel.
- You have the right to remain silent.
Prepare Documentation: Keep essential documents (passport, visa, work permit, proof of residency) organized in case you need to prove lawful entry or status.
5. What is the new Alien Registration Requirement?
The Alien Registration Requirement mandates that all non-citizens aged 14 and 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, must apply for registration and fingerprinting. Parents or guardians must register their children under 14 who meet these criteria. This policy is based on Section 262 of the Immigration and Nationality Act (INA) and was reinforced by an executive order issued on January 20, 2025. citeturn0search0
6. Who is required to register under this policy?
The following individuals are required to register:
· Non-citizens aged 14 or older who were not registered when applying for a U.S. visa and who remain in the U.S. for 30 days or more.
· Parents or guardians of non-citizens under 14 who were not registered when applying for a U.S. visa and who remain in the U.S. for 30 days or more.
· Non-citizens who turn 14 while in the U.S. must register within 30 days after their 14th birthday.
Exceptions include certain Canadian visitors, diplomats, and specific Native American groups.
7. Who is exempt from registering?
Exemptions apply to:
· American Indians born in Canada who entered under Section 289 of the INA.
· Members of the Texas Band of Kickapoo Indians who entered under the Texas Band of Kickapoo Act.
· Certain Canadian visitors and diplomats.
8. How do I register?
The U.S. Citizenship and Immigration Services (USCIS) is developing a new form and process for registration. Details will be provided on the USCIS website once the system is operational. Registrants will need to provide personal information, including fingerprints and home addresses.
9. What is the deadline for registration?
Individuals required to register must do so within 30 days of meeting the criteria (e.g., entering the U.S., turning 14, or reaching a 30-day stay). Non-compliance may result in civil and criminal penalties.
10. What are the penalties for failing to register?
Failure to comply with the registration requirement can result in criminal and civil penalties, including misdemeanor prosecution and fines.
11. Will registering grant me legal status or work authorization?
No, registration does not confer any immigration status, employment authorization, or other benefits under U.S. law. It solely fulfills the legal obligation to register.
12. If I have already registered or have legal status, do I need to register again?
Most non-citizens who have been issued documents such as Green Cards, Form I-94, or visas have already fulfilled the registration requirement. If you have previously registered and possess evidence of registration, no further action is needed.
13. What information will I need to provide during registration?
Registrants will be required to provide personal information, including fingerprints and home addresses. Specific details will be outlined in the registration process provided by USCIS.
14. How will my personal information be used?
The information collected during registration will be used to maintain records of non-citizens residing in the U.S. While the primary purpose is to comply with legal requirements, the data may be accessed by immigration enforcement agencies. Specific uses of the data have not been detailed by USCIS.
15. What should I do if I move after registering?
Non-citizens who have registered are required to notify USCIS of any change of address. Failure to do so may result in penalties. The process for updating your address will be provided by USCIS.
16. Are there any fees associated with registration?
USCIS has not specified whether there will be fees for the registration process. Details regarding any potential costs will be provided once the registration system is operational.
17. How does this policy affect DACA or Temporary Protected Status (TPS) recipients?
Individuals who have applied for Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS) and were not issued evidence of registration may need to register under the new requirement. Specific guidance for DACA and TPS recipients will be provided by USCIS.
18. What are the historical precedents for this registration requirement?
The Alien Registration Act of 1940 required all non-citizens to register with the government, aiming to identify potential national security threats. A similar registry was implemented post-9/11 under President George W. Bush, targeting men and boys from predominantly Muslim countries. The current policy revives aspects of these historical practices.
19. How can I stay informed about updates to this policy?
To receive the most current information, regularly check the USCIS official website and consider subscribing to their updates. Consulting with legal professionals specializing in immigration law can also provide personalized guidance.
20. Does registration provide legal immigration status?
No. Registration is not an immigration status and does not grant work authorization or residency.
21 Do I need to register if I already have a visa or green card?
If you have already registered when receiving a visa, green card, or Employment Authorization Document (EAD), you do not need to register again.
22 What if I miss the 30-day registration deadline?
If you fail to register within 30 days of arrival or turning 14, you should register as soon as possible. Late registration may result in penalties.
23 Will DHS track my location after registration?
No. Registration is for compliance purposes only and does not involve location tracking.
24. Can I complete the registration in person instead of online?
DHS has not yet announced an in-person registration option. Online registration is the preferred method.
25. How can I avoid immigration scams?
Beware of unauthorized immigration service providers. Only use official DHS and USCIS resources:
Visit the Avoid Scams page for more information
Final Thoughts
The Trump administration creates registry to track undocumented immigrants as part of its broader immigration enforcement strategy. The Trump administration’s latest immigration policy marks a significant shift in enforcement strategy, using a historical law to modernize immigration tracking. Whether this approach will succeed in its intended goals or face legal obstacles remains to be seen. The coming months will likely determine its full impact on undocumented communities across the country.
Stay informed, stay prepared.
Additional Resources
- USCIS Online Account Creation Guide: USCIS.gov
- Avoid Immigration Scams: Avoid Scams
- Frequently Asked Questions: DHS Alien Registration
For further details, visit:
- Department of Homeland Security
- U.S. Citizenship and Immigration Services
- National Immigration Law Center
For further reading:
