USCIS Proposes Alien Registration Requirement Under Executive Order

Feature and Cover USCIS Proposes Alien Registration Requirement Under Executive Order

On February 25, 2025, the United States Citizenship and Immigration Services (USCIS) introduced a proposed alien registration requirement, mandating many foreign nationals in the United States to complete an online registration and undergo fingerprinting. Individuals aged 18 and above will be required to carry proof of registration at all times.

This directive stems from President Trump’s controversial executive order, “Protecting the American People Against Invasion,” issued on January 20, 2025. Section 7 of this order, titled “Identification of Unregistered Illegal Aliens,” mandates compliance with a 1952 statute requiring the registration and fingerprinting of certain unregistered foreign nationals.

According to USCIS, “No alien will have an excuse for failure to comply with this law.” The agency further warned, “Failure to comply will result in criminal and civil penalties, up to and including misdemeanor prosecution and the payment of fines.”

Many foreign nationals in the U.S. are already considered “registered” because they were inspected upon entry, applied for immigration benefits, or have been placed in removal proceedings. However, the new requirement will apply to specific groups who remain in the country for 30 days or longer.

Individuals subject to this requirement include those who were not inspected and lawfully admitted at entry, visitors from Canada who entered by land without inspection, and certain foreign nationals under Deferred Action for Childhood Arrivals (DACA), Temporary Protected Status (TPS), or similar programs not listed under 8 C.F.R. § 264.1(a) who lack an employment authorization document (EAD).

Registration must be completed within 30 days for aliens aged 14 or older who have not been previously registered. Parents or legal guardians must register children under 14 who remain in the U.S. for more than 30 days. Additionally, any alien turning 14 in the U.S. must register within 30 days of their birthday, regardless of prior registration status.

Certain foreign nationals are exempt from this requirement, including lawful permanent residents, those paroled into the U.S. under INA 212(d)(5), nonimmigrants with Form I-94 or I-94W (even if expired), those issued immigrant or nonimmigrant visas before arrival, individuals placed in removal proceedings, and those holding an EAD. USCIS notes that DACA and TPS recipients with EADs likely qualify as registered and are therefore exempt. Additionally, applicants for lawful permanent residence who filed Forms I-485, I-687, I-691, I-698, or I-700 (even if denied) and holders of Border Crossing Cards are also exempt.

All foreign nationals over 18 must carry proof of registration at all times. USCIS stated that DHS would “soon announce” the required form and registration process. Foreign nationals subject to this requirement are advised to create a USCIS Online Account.

This policy is expected to increase ICE arrests and removal proceedings. While creating a USCIS Online Account is not currently mandated, affected individuals may consider delaying registration until further details emerge. Foreign nationals aged 18 or older should ensure they carry proof of legal status at all times.

The registration requirement is likely to face legal challenges, and ongoing updates regarding its enforceability are expected.

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