On January 20, 2025, President Trump issued Executive Order 14159, Protecting the American People Against Invasion. This order directed the Department of Homeland Security (DHS) to fully enforce the long-standing duty of certain non-U.S. citizens (aliens) to register with the U.S. government under Section 262 of the Immigration and Nationality Act (INA) (8 U.S.C. § 1302). The executive order also requires that failure to comply with this registration duty be treated as a civil and criminal enforcement priority.
Who Must Register
Under the INA, with limited exceptions, the following individuals must register:
- All aliens age 14 or older who:
- Were not registered and fingerprinted (if required) when applying for a U.S. visa, and
- Remain in the United States for 30 days or longer.
- Parents or legal guardians of aliens under age 14 must ensure those children are registered.
- Aliens who were previously registered before turning 14 must apply for re-registration and fingerprinting within 30 days of their 14th birthday.
Fingerprinting Requirement
When registering, individuals may be required to appear for fingerprinting unless the requirement is waived. Once registration and fingerprinting are complete, DHS will issue evidence of registration.
Carrying Proof of Registration
Aliens over the age of 18 must carry evidence of registration at all times and keep it in their personal possession. Failure to carry proof can be treated as a violation.
Penalties for Not Complying
Failure to meet the registration requirements may result in:
- Criminal prosecution (misdemeanor)
- Civil penalties
- Fines
- Incarceration
Because the Executive Order makes enforcement of this law a priority, individuals who fail to register may face heightened risk of enforcement action.
How to Register
Many non-citizens are already registered during visa processing or other immigration procedures. However, DHS notes that a significant number of aliens in the United States have not had a direct way to register.
To address this, U.S. Citizenship and Immigration Services (USCIS) has:
- Created a new form, G-325R, Biographic Information (Registration)
- Launched an online process to allow unregistered aliens to meet their legal obligation under INA 262
Who Is Most Likely to Fall Under the Registration Requirement
This requirement most often applies to individuals who entered the U.S. without inspection, certain visa-exempt entrants, parolees without prior registration, or people admitted long ago before biometrics became standard.
It is important to note that most people who entered the United States on a standard visa such as H-1B, B-1, or B-2 do not need to worry about this order. This is because they were already fingerprinted and registered during the visa process.
However, there is one important exception: H-4 dependent children of H-1B visa holders who turn 14. Many H-4 children were issued visas abroad without going through fingerprinting due to their age at the time. Under the INA, once they turn 14, they must register and be fingerprinted within 30 days. USCIS has already been sending notices to such H-4 visa holders as they approach their 14th birthday, and G-325R forms have been filed in many of these cases by H-4 children of H-1B beneficiaries.
Important Points About Registration
- Registration does not create or confer immigration status.
- Registration does not establish work authorization.
- Registration does not provide any right or benefit under U.S. immigration law beyond compliance with INA 262.
- It is solely a legal obligation to avoid penalties.
ARR Determination Tool
USCIS offers the Alien Registration Requirement (ARR) Determination Tool to help individuals find out if they are required to register. The tool can be accessed at:
https://www.uscis.gov/forms/all-forms/g-325r
By answering a few online questions, individuals can determine whether they must complete the G-325R form and appear for fingerprinting. Anyone found to be subject to the requirement should complete the process promptly to avoid potential penalties.
What This Means for Non-Citizens
If you are in the United States and meet the criteria described above, it is critical to:
- Determine whether you are subject to the registration requirement.
- Complete Form G-325R and any required fingerprinting within the deadlines.
- Carry proof of registration at all times if you are over 18.
Failure to act can result in serious consequences, including criminal charges.
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