What’s Happening
On January 20, 2025, President Trump signed Executive Order 14159, directing the Department of Homeland Security (DHS) to “restore order and accountability to our immigration system.” On a whole this directive contains numerous provisions that aim to reshape U.S. immigration enforcement by intensifying federal actions against undocumented immigrants and reversing several policies from the previous administration.
Part of this mandate includes direct enforcement of the Alien Registration Act of 1940, which required most noncitizens to register and undergo fingerprinting by federal authorities. The INA later codified these obligations, so although these provisions have long been part of U.S. immigration law, they have been inconsistently enforced over the years. The administration’s enforcement seeks to treat failure to comply with the registration requirement as a civil and criminal enforcement priority.
What You Need to Know
Most categories of individuals admitted to the U.S. with inspection are already registered, by virtue of applications for a visa to the Department of State, and/or submission of designated forms and provision of fingerprints (unless waived). Specifically, foreign nationals are already registered if they fall into one of the following categories:
Lawful permanent residents (green card holders);
Individuals admitted to the United States as nonimmigrants who were issued Form I-94 or I-94W (paper or electronic), even if the period of admission has expired;
All individuals present in the United States who were issued immigrant or nonimmigrant visas before their last date of arrival;
Individuals paroled into the United States under INA 212(d)(5) (humanitarian parole), even if the period of parole has expired;
Individuals placed into removal proceedings by DHS;
Individuals issued an employment authorization document;
Individuals who have applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, I-700, and provided fingerprints (unless waived), even if the applications were denied; and
Individuals issued Border Crossing Cards.
DSH has indicated that foreign nationals who are required to register include:
Individuals present in the United States without inspection and admission or inspection and parole who have not otherwise registered;
Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration;
Individuals who submitted benefit requests to USCIS not listed in 8 CFR 264.1(a), including applications for deferred action or Temporary Protected Status who were not issued evidence of registration (e.g. Form I-94, I-766 Employment Authorization Document, etc.).
All individuals 14 years of age or older who were not registered and fingerprinted (if required) when applying for a visa to enter the United States and who remain in the United States for 30 days or longer. They must apply before the expiration of those 30 days;
Parents or legal guardians of children less than 14 years of age must apply for the registration of children less than 14 years of age who have not been registered and remain in the United States for 30 days or longer, before the expiration of those 30 days; and
Any individual, whether previously registered or not, who turns 14 years old in the United States, within 30 days after their 14th birthday.
DHS has clearly stated that individuals under 14 years of age should not submit this registration form if they have already complied with the referenced duty to register and been fingerprinted (if required) in connection with their current stay in the United States of 30 days or more and have not yet reached their 14th birthday in the United States since registering.
How to Complete Registration Where Required:
1: Create a USCIS Online Account - Each individual submitting Form G-325R must have their own individual USCIS online account, including those under the age of 14. If you are the parent or legal guardian of an alien under the age of 14 who needs to register, you will need to set up an individual USCIS online account on your child’s behalf and in their name.
2: Submit Form G-325R - Once you create your or your child’s USCIS online account, fill out an electronic version of the Form G-325R, Biographic Information (Registration). Form G-325R must be filed online through a USCIS online account. It cannot be filed by mail or in person.
3: USCIS review of Form G-325R - Once you have submitted Form G-325R, USCIS will review the information provided and any available DHS records. If it appears that you have already complied with the registration requirements in some other way and do not need to submit Form G-325R, USCIS will notify you that you have already complied with the registration requirement. In this scenario, USCIS will not schedule a biometric services appointment or provide evidence of registration. If it appears that you are required to register, USCIS will review Form G-325R to determine if you are required to appear for a biometric services appointment. If you are not required to appear for a biometric services appointment (for example, Canadian visitors and aliens under 14 years of age), USCIS will provide you with evidence of registration (see 5 below).
4: Attend appointment for biometrics collection - If you are required to register and provide biometrics, USCIS will schedule you for a biometric services appointment at a local Application Support Centers (ASCs). There is no requirement that registrants pay a biometric services fee.
Step 5: Receive registration documentation - Once you have registered and provided your biometrics (if required), USCIS will post a notice (USCIS Proof of G-325R Registration) that provides proof of your registration within your USCIS online account. This notice should be downloaded and printed.
All individuals 18 years of age and over in the United States required to register under INA 262, including but not limited to those who register using this new process, must carry and have in their personal possession evidence of their registration at all times.
DHS has indicated that any individual who willfully fails or refuses to apply to register or be fingerprinted (if required), and any parent or legal guardian who is required to apply for the registration on behalf of a dependent child less than 14 years of age and who willfully fails or refuses to file an application for the registration of a dependent child, will be guilty of a misdemeanor and will, upon conviction, be fined not to exceed $5,000 or be imprisoned not more than 6 months, or both.
Please note that the above is for informational purposes only and does not constitute legal advice. For specific questions about eligibility for immigration benefits, please contact your team at D&S.