On January 20, 2025, President Trump signed the “Protecting the American People Against Invasion” executive order, signaling a major push to enforce a long-standing but mostly overlooked immigration law.
Alien Registration Rules to be Enforced
By Joel Friedman, Attorney at Law
Published: February 27, 2025
The order directs the Department of Homeland Security (DHS) to crack down on aliens’ obligations to register with the government under Section 262 of the Immigration and Nationality Act (INA) (8 U.S.C. 1302). It is a significant development—DHS will treat noncompliance as a priority for both civil and criminal enforcement. Here is what this means for aliens in the United States and how it might affect you or someone you know.
Who Needs to Register?
Most aliens (non-U.S. citizens) 14 years of age or older who stay in the United States for 30 days or more—and who were not fingerprinted or registered when applying for a visa—must register with the government and submit to fingerprinting. For children under 14 years of age, parents or guardians must handle their registration. If a registered child reaches 14 years of age, that child has 30 days to re-register and undergo fingerprinting. Once registered, DHS issues proof of registration, and if you are over 18 years of age, you are legally required to always carry it.
Failure to comply brings civil penalties, fines, or even misdemeanor charges. No exceptions exist.
Who Is Already Registered?
Good news applies if you possess certain immigration documents—you are likely already compliant. Here is who is covered:
– Lawful Permanent Residents (green card holders).
– Aliens paroled into the United States under INA 212(d)(5), even if parole has expired.
– Nonimmigrants admitted to the United States with a Form I-94 or I-94W (paper or electronic), even if the stay has exceeded its limit.
– Anyone issued an immigrant or nonimmigrant visa before arriving.
– Aliens in removal proceedings.
– Those with an Employment Authorization Document (EAD).
– Applicants for permanent residence via Forms I-485, I-687, etc., even if denied.
– Border Crossing Card holders.
If you have submitted specific forms listed in 8 CFR 264.1(a) and provided fingerprints (unless waived), or if you have been issued evidence of registration under 8 CFR 264.1(b), you are registered. Most aliens in the United States legally have already met this requirement through standard immigration processes.
Who Is Not Registered—and Needs to Act?
Here is where it becomes complicated. Some aliens in the United States have not had a clear way to register until now. You are unregistered if you:
– Entered without inspection or parole (for example, crossed the border illegally).
– Are a Canadian visitor who came through a land port without receiving registration evidence.
– Applied for benefits like Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS) but did not use the specific forms or get registered under 8 CFR 264.1.
If you are in this group—or have a child under 14 years of age who has been here 30 days or more, or you reach 14 years of age and were not re-registered—you must take action. The deadline looms: you need to register within 30 days of reaching that 30-day mark (or your 14th birthday if you are a teenager).
Exemptions
American Indians born in Canada entering under INA Section 289, and members of the Texas Band of Kickapoo under their specific act, are exempt. No registration applies to them.
How to Register
DHS will soon announce a new form and process for aliens to complete the registration requirement online. Once the process begins, you will use that account to submit your registration—or, if you are a parent or guardian, to register your children under 14 years of age. Details remain forthcoming, so monitor USCIS updates.
What Registration Is Not
Clarity matters: registering does not grant legal status, work authorization, or any immigration benefits. It serves only as a legal obligation—proof you have reported your presence to the government. Nothing more applies.
Why This Matters Now
The Trump administration’s order changes the landscape—failure to register no longer qualifies as a minor oversight; it will be subject to DHS enforcement. USCIS will be establishing a new way to comply online. Most aliens are already registered through visa or status processes, but for those who are not, this order can affect them.
Before acting, you should contact a competent immigration attorney to clarify your situation and for advice. The rules are tightening under the current Administration, and the stakes are rising for certain foreign nationals that are present in the United States.