On February 25, 2025, the U.S. Citizenship and Immigration Services (USCIS) launched a webpage announcing the creation of a new online form for all unregistered foreign nationals to obtain “Proof of Alien Registration,” pursuant to the new Administration’s enforcement of a 1940 law, known as the “Alien Registration Act”. This new “Alien Registration Requirement” (ARR) was created pursuant to Executive Order 14159 issued on January 20, 2025, which directed the U.S. Department of Homeland Security (“DHS”) to ensure that “aliens comply with their duty to register with the government” under Section 262 of the Immigration and Nationality Act (INA) (8 U.S.C. 1302).
Accordingly, on March 12, 2025, an Interim Final Rule (IFR) was published by DHS in the Federal Register to “designate a new registration form for aliens to comply with statutory alien registration and fingerprinting provisions.” The IFR took effect on April 11, 2025, and USCIS’ webpage provides information and instructions for complying with the ARR, including completing and submitting the new “Form G-325R, Biographic Information (Registration).” The form asks for information regarding place of birth, address history, arrival date and activities in the United States, biographic information, police/criminal records, and relatives, among additional information.
What is the New Alien Registration Requirement?
The law requires certain non-U.S. citizens (termed “aliens”) residing in the U.S. to register with DHS, providing personal information such as fingerprints and home addresses. With limited exceptions outlined below, all noncitizens age 14 and older who are not already 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. Additionally, parents and guardians are responsible for registering children under 14, and once the child reaches their 14th birthday, they must apply for re-registration and fingerprinting within 30 days.
As explained by USCIS on its ARR webpage, “Registration is not an immigration status, and registration documentation does not create an immigration status, establish employment authorization, or provide any other right or benefit under the INA or any other U.S. law.”1
Who is Required to Register?
The registration requirement applies to:
- Individuals aged 14 and older: Non-U.S. citizens who were not fingerprinted or registered when applying for a U.S. visa and who plan to stay in the United States for 30 days or longer must register before the expiration of the 30 days.
- Children under 14: Parents or legal guardians must register their children who were not registered upon visa application and who will remain in the U.S. for 30 days or longer must register before the expiration of the 30 days.
- Previously registered children turning 14: They must re-register and provide fingerprints within 30 days after their 14th birthday.
Who is Already Registered?
Many non-U.S. citizens may not need to take action to register because they already have a document or filed an application that meets the registration requirements. Those deemed to have already complied with the Alien Registration Requirement include:
- Anyone who has been issued one of the documents designated as evidence of registration under 8 CFR 264.1(b), including but not limited to:
- I-551, Permanent Resident Card (“Green Card”);
- Border Crossing Card;
- USCIS “Employment Authorization Document” (EAD);
- Form I-94 or I-94W “Arrival-Departure Record” for nonimmigrants and parolees;
- Valid, unexpired DHS nonimmigrant admission stamp or parole stamp in a foreign passport;
- Form I-862, Notice to Appear (NTA) or other type of document issued when a foreign national is placed into removal (deportation) proceedings; and
- Anyone who submitted one of the forms under 8 CFR 264.1(a), provided fingerprints (unless waived), and was not issued one of the documents designated at 8 CFR 264.1(b), including but not limited to:
- I-485, Application for Status as Permanent Resident
- I-590, Registration for Classification as Refugee–Escapee
- Certain application for temporary residence status (e.g., forms I-691, I-700, etc.)
Who is Not Registered?
Non-U.S. citizens who may need to comply with the Alien Registration Requirement include those who have not: applied to the U.S. Department of State for a visa; been issued one of the documents designated as evidence of registration under 8 CFR 264.1(b); or have not submitted one of the forms designated at 8 CFR 264.1(a) and provided fingerprints (unless waived). These individuals include:
- Those present in the U.S. without first having been inspected and either admitted or paroled (i.e., individually “who crossed the border illegally”);
- Canadian visitors who entered the U.S. via land ports of entry (POE) and were not issued evidence of registration; and
- Individual who submitted one or more applications to USCIS not listed in 8 CFR 264.1(a), including applications for deferred action or Temporary Protected Status (TPS) and were not issued evidence of registration listed in 8 CFR 264.1(b).
As explained by USCIS, it is “the legal obligation of all unregistered aliens (or previously registered aliens who turn 14 years old) who are in the United States for 30 days or longer to comply with these requirements. Failure to comply may result in criminal and civil penalties, up to and including misdemeanor prosecution, the imposition of fines, and incarceration.”
How To Register:
USCIS sets out a step-by-step process for complying with the Alien Registration Requirement on its dedicated webpage.
Penalties for Failing to Register, Carry Registration Documents, or Timely File a Change of Address
Compliance with the Alien Registration Requirement is a legal obligation enforceable by criminal and civil penalties, as follows:
- Willful failure or refusal to register is punishable by a fine of up to $5,000.00, imprisonment up to six (6) months, or both. Note that these penalties apply to the foreign national or to the parent or legal guardian of a foreign national required to register their child under age 14.
- Willful failure to provide timely notice of change of address is punishable by a fine of up to $5,000.00, imprisonment up to thirty (30) days or both, and removal (deportation) from the U.S. if the failure was deemed “not reasonably excusable or was not willful”.
- If you are 18 years of age or older and fail to have a Certificate of Alien Registration or Alien Registration Receipt in your personal possession at all times, you may face a fine of up to $5,000.00, imprisonment up to thirty (30) days, or both.
Moreover, registration application containing statements known by the registrant to be false—or that is submitted by another person on behalf of the registrant fraudulently—is subject to criminal prosecution for fraud. A conviction for a fraudulent registration exposes the person to removal (deportation) from the U.S.
It is essential that individuals, who may be affected by this new policy enforcement consult with counsel. Gunster’s Immigration Practice Group is available to assist in understanding and complying with the new Interim Final Alien Registration Rule. Learn more about Gunster’s Immigration Practice Group here: https://www.gunster.com/capabilities/gunster-immigration-attorneys-florida
[1] Alien Registration Requirement | USCIS, www.uscis.gov/alienregistration.
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This publication is for general information only. It is not legal advice, and legal counsel should be contacted before any action is taken that might be influenced by this publication.
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