Understanding the 2025 Alien Registration Requirement: What It Means for Immigrants
On January 20, 2025, President Donald Trump issued the Protecting the American People Against Invasion executive order, directing the Department of Homeland Security (DHS) to enforce compliance with the Alien Registration Requirement under Section 262 of the Immigration and Nationality Act (INA) (8 U.S.C. 1302). This executive order mandates that all qualifying non-citizens register with the U.S. government, ensuring stricter oversight of immigration laws and enhancing national security.
What Is Alien Registration?
The INA requires that nearly all non-citizens aged 14 and older, who were not registered when applying for a U.S. visa and remain in the country for more than 30 days, must register with DHS. For minors under 14, parents or legal guardians are responsible for completing this process on their behalf. Furthermore, once a previously registered child turns 14, they must re-register within 30 days of their birthday.
Upon registration and fingerprinting (if required), DHS will issue an official evidence of registration document. Individuals over the age of 18 must carry and present this document upon request, as failure to comply could result in civil and criminal penalties.
Who Needs to Register?
The following individuals must complete the registration process:
- Non-citizens aged 14 or older who were not registered and fingerprinted when obtaining a U.S. visa and remain in the country for over 30 days.
- Parents or guardians of non-citizen children under 14 who have not been registered.
- Non-citizens who turn 14 in the U.S. and were previously registered as minors.
Who Is Already Registered?
Many non-citizens already meet the registration requirement. This includes individuals who have been issued official immigration documents, such as:
- Lawful permanent residents (Green Card holders)
- Individuals paroled into the U.S. under INA 212(d)(5)
- Non-citizen visa holders issued Form I-94 or I-94W
- Non-citizens placed in removal proceedings
- Holders of Employment Authorization Documents (EAD)
- Applicants for permanent residence or specific immigration benefits
- Border Crossing Card holders
However, certain groups may still be unregistered, including:
- Non-citizens present in the U.S. without inspection and admission
- Canadian visitors who entered at land ports of entry without registration documents
- Individuals who applied for benefits such as Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS) but were not issued evidence of registration
How to Register?
To comply with this requirement, non-citizens will need to submit a new DHS registration form. Beginning February 25, 2025, those required to register should create a USCIS online account in preparation for the registration process.
Registration does not grant immigration status or employment authorization. It simply ensures compliance with federal law. Failure to register may lead to criminal prosecution and fines.
Legal and Social Implications
The executive order has sparked mixed reactions. Supporters argue that it strengthens national security and ensures better immigration tracking. Critics, however, raise concerns over civil liberties, privacy rights, and potential targeting of immigrant communities.
Legal experts urge immigrants to comply with registration to avoid penalties and recommend seeking guidance from authorized immigration attorneys. DHS has warned non-citizens to beware of immigration scams and ensure they use only legitimate sources for legal assistance.
Conclusion
The 2025 Alien Registration Requirement marks a significant shift in immigration enforcement. Non-citizens residing in the U.S. should take immediate steps to determine their registration status and comply with the new mandate. As the registration process unfolds, staying informed through DHS and USCIS updates will be crucial in ensuring compliance and avoiding legal consequences.
Write a Comment