A lawsuit seeking to enjoin the effective date of the Alien Registration Form and Evidence of Registration Rule was denied yesterday. Therefore, as advised in our March 13 alert, the rule takes effect today, April 11, 2025. Per a statement Secretary Noem Announces Agency Will Enforce Laws That Penalize Aliens in the Country Illegally | Homeland Security by DHS Secretary Kristi Noem, there is no grace period. All Non-US citizens should review the requirements below and determine whether they need to take immediate action in order to comply.
Background
Similar registration requirements have been on the books since the Alien Registration Act of 1940, also known as the Smith Act, and 8 USC 1301-1306. However, they have seldom been enforced. The registration laws have now been revived and expanded pursuant to President Trump’s January 20, 2025 Executive Order Protecting American People Against Invasion.
The ARR is designed to force foreign nationals who are in the United States without documentation to alert DHS of their presence, possibly subjecting themselves to arrest, detention, and removal from the United States. Alternatively, in lieu of registering some individuals may seek to self-deport to avoid being forcibly removed. Any individual with such concerns should contact reputable immigration counsel to ensure they have a full understanding of the law. However, please be advised that these laws will not just impact the undocumented. These laws may have significant impact on those who had lawful status which has been or may be rescinded by the current administration (such as TPS, Uniting for Ukraine parole and DACA). There are also potentially serious consequences for those in a lawful status, including nonimmigrants (for example, F-1, H-1B, L-1, E-1, E-2, E-3, O-1, TN) and Lawful Permanent Residents of the U.S.
Note there are 3 separate requirements in this rule:
1) Requirement to register and be fingerprinted – Effective April 11, 2025
Applies to:
All noncitizens above the age of 14 who remain in the United States for 30 days or longer – with some exceptions, see below
Parents/ legal guardians must register their noncitizen children under the age of 14 who remain in the United States for 30 days or longer. No fingerprinting is required. However, within 30 days of the child’s 14th birthday, the child must be registered and then appear in person to be fingerprinted.
Canadians who do not receive a Form I-94 Admission Document upon entry to the U.S. must register if they are staying 30 days or longer
How to register/ additional information: Alien Registration Requirement | USCIS Many individuals are already registered. See FAQ below.
For those who require registration, USCIS has introduced the G-325R Form https://www.uscis.gov/g-325r. The G-325R must be submitted online via a MyUSCIS account. USCIS | myUSCIS Home Page Each registrant must have a unique account. USCIS will review the submitted form, and if applicable, schedule the applicant for a biometrics appointment at a USCIS Application Support Center. Once registration is complete the applicant can download and print the certificate of registration. Registrants age 18 and over are required to carry proof of registration with them at all times.
Penalty: Conviction for a willful failure or refusal to register carries the potential penalty of a Class B misdemeanor, with a fine of up to $5000, imprisonment for up to six months, or both. A conviction for fraud or misrepresentation in the filing constitutes a ground of deportability. Parents are liable for minor children.
2) Requirement to carry proof of registration at all times – Has been in effect. Enforcement is likely to commence now.
Applies to: All nonimmigrants and Lawful Permanent Residents 18 years of age and over
Penalty: Noncompliance carries the potential penalty of a Class B misdemeanor, with a fine of up to $5000, imprisonment for 30 days, or both.
Note that proof of registration is legally different from proof of lawful presence in the United States. However, given that immigration law is complex and various law enforcement agencies are being deputized to enforce immigration laws, the chances of an officer being unfamiliar with what constitutes lawful presence in the U.S. are high. It is therefore advisable for all foreign nationals over the age of 18 to carry proof of lawful status as well at all times.
3) Requirement to notify DHS of a change in address within 10 days – Has been in effect. Enforcement is likely to commence now.
Applies to: Anyone who is required to be registered
How to Change Your Address | USCIS
Penalty: Noncompliance carries the potential penalty of a Class B misdemeanor, with a fine of up to $5000, imprisonment for 30 days, or both. A failure to comply is also a basis for deportation unless the individual can establish that such failure was reasonably excusable or not willful.
FAQ – REQUIREMENT TO REGISTER AND BE FINGERPRINTED
Who is exempt from the requirement to register and be fingerprinted?
- A visa holders – diplomats and foreign government officials
- G visa holders – employees of designated international organizations
- Those in U.S. for less than 30 days
- “American Indians born in Canada who possess at least 50% blood of the American Indian race who are present in the US under the authority of 8 USC 1359”
- Certain members of the Texas Band of Kickapoo Indians
Who has already met the registration requirement?
Many foreign nationals in the United States have already been registered. The following are considered to have properly registered:
- Lawful permanent residents who were over the age of 14 at the time they became permanent residents
- Foreign nationals who have been paroled into the United States under INA 212(d)(5) [humanitarian parole], even if the period of parole has expired
- Foreign nationals admitted to the United States who were issued Form I-94 or I-94W (paper or electronic), even if the period of admission has expired
- Foreign nationals present in the United States who were issued immigrant or nonimmigrant visas by a U.S. consulate abroad prior to arrival
- Foreign nationals in removal proceedings
- Foreign nationals issued an employment authorization document (EAD)
- Foreign nationals who have applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, I-700, even if the applications were denied
- Foreign nationals issued Border Crossing Cards
Who is not considered registered?
- Individuals who are present in the United States without inspection and admission or inspection and parole
- Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration (an I-94 admission document)
- Noncitizens who submitted one or more benefit requests to USCIS, including applications for Deferred Action for Childhood Arrivals or Temporary Protected Status, but were not issued evidence of registration
- Foreign national children who turn age 14 in the United States will need to register as they will not have provided fingerprints in connection with any prior application. Lawful Permanent Residents who reach the age of 14 are already required to file an application with USCIS to obtain a new I-551 Permanent Resident Alien Card. Those who have filed such application within 30 days of attaining the age of 14 are considered to have complied with the registration requirement.
What does USCIS recognize as evidence of registration?
Per 8 CFR 261.1(b)
- I-94, Arrival-Departure Record— individuals admitted as nonimmigrants; individuals paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act; and individuals granted permission to depart without the institution of deportation proceedings
- I-95, Crewmen’s Landing Permit—Crewmen arriving by vessel or aircraft
- I-184, Alien Crewman Landing Permit and Identification Card—Crewmen arriving by vessel
- I-185, Nonresident Alien Canadian Border Crossing Card—Citizens of Canada or British subjects residing in Canada
- I-186, Nonresident Alien Mexican Border Crossing Card—Citizens of Mexico residing in Mexico
- I-221, Order to Show Cause and Notice of Hearing—Aliens against whom deportation proceedings are being instituted
- I-221S, Order to Show Cause, Notice of Hearing, and Warrant for Arrest of Alien—Aliens against whom deportation proceedings are being instituted
- I-551, Permanent Resident Card—Lawful Permanent Resident of the United States
- I-766, Employment Authorization Document (EAD)
- Form I-862, Notice to Appear—Aliens against whom removal proceedings are being instituted
- Form I-863, Notice of Referral to Immigration Judge—Aliens against whom removal proceedings are being instituted
- DACA, TPS, and certain Parole recipients who have been granted an I-766 Employment Authorization Document are considered to have met the registration requirement