On February 25, 2025, the Department of Homeland Security shell shocked immigrant communities throughout the United States by announcing an aggressive initiative to require registration and fingerprinting of foreign nationals, reminiscent of the notorious NSEERS program implemented after September 11, 2001. As part of President Trump’s executive order "Protecting the American People Against Invasion" issued on January 20, 2025, this new policy will mandate registration and fingerprinting of certain non-US Citizens residing in the US, including children, or risk criminal prosecution. Contrary to popular belief, this proclamation is not a new law but rather an adrenalized effort to enforce an older law already on the books: section 262 of the Immigration and Nationality Act, a buried provision within the law that heretofore has been rarely enforced.
Who Needs to Register?
The alien registration requirement applies to:
- All non-citizens aged 14 and older who were not fingerprinted or registered when applying for a U.S. visa and have been in the United States for 30 days or longer
- Parents and guardians of non-citizen children under 14 years old who haven't been registered and have been in the U.S. for 30 days or longer must also ensure that children below the age of 14 are registered
While the language mentions visas, the registration ironically applies mostly to individuals who have entered the country without a visa, in other words, those who entered the country without inspection or “papers.” Specific groups likely required to register include:
- Individuals present in the U.S. without inspection and admission or parole
- Canadian visitors who entered through land border crossings without receiving a Form I-94
- Certain DACA and TPS recipients who weren't issued evidence of registration
Who Is Already Registered?
Many non-citizens have already fulfilled this requirement through various immigration processes. Those considered already registered include:
- Lawful permanent residents
- Individuals paroled into the U.S. under INA 212(d)(5)
- Non-immigrants issued Form I-94 or I-94W
- Those issued immigrant or non-immigrant visas prior to arrival
- Aliens placed in removal proceedings by DHS
- Individuals issued employment authorization documents
- Those who have applied for lawful permanent residence using specific forms
- Aliens issued border crossing cards
Exemptions
Some groups are exempt from this requirement, including:
- American Indians born in Canada who entered the U.S. under INA Section 289
- Members of the Texas Band of Kickapoo Indians who entered under the Texas Band of Kickapoo Act
How to Register
The Department of Homeland Security will soon release a new online form and process for registration. Anticipated to be released February 25, 2025, the government is encouraging those required to register to create a USCIS online account in preparation. Failure to comply with the alien registration requirement can result in serious consequences including but not limited to criminal penalties, civil penalties, as well as future impact on applying for immigration benefits.
If you would like more information on the registration requirements as well as who is required to register, please visit USCIS.gov or call our office to schedule a confidential consultation. If this measure survives legal challenges and is implemented