In line with President Trump's executive order on Protecting the American People Against Invasion, U.S. Citizenship and Immigration Services (USCIS) announced a new alien registration requirement that affects certain non-citizens residing in the United States. This policy mandates that specific groups of immigrants register with the federal government, ensuring their compliance with U.S. immigration laws. Understanding this new rule is essential for those affected and their families.
What Is the Alien Registration Requirement?
The alien registration requirement is a federal mandate that obligates specific non-citizens in the U.S. to officially register their presence with the government. This process involves providing personal information, such as name, address, and other identifying details. Once registered, individuals may be required to update their information periodically.
The requirement is based on existing immigration law, and the regulations implementing those laws can be found at 8 CFR § 264.1.
Who Must Register?
The law requires that, with limited exceptions, all aliens 14 years of age or older who were not fingerprinted or registered when applying for a U.S. visa and who remain in the United States for 30 days or longer, must apply for registration and fingerprinting. Similarly, parents and guardians must ensure that their children below the age of 14 are registered.
Individuals Already Registered
Most foreign-born individuals in the United States will not need to register. That's because they've already obtained an immigration benefit which satisfies the alien registration requirement. According to USCIS, individuals who have already registered include:
- Lawful permanent residents;
- Aliens paroled into the United States under INA 212(d)(5), even if the period of parole has expired;
- Aliens admitted to the United States as nonimmigrants who were issued Form I-94, Arrival Departure Record, or I-94W (paper or electronic), even if the period of admission has expired;
- All aliens present in the United States who were issued immigrant or nonimmigrant visas prior to arrival;
- Aliens whom DHS has placed into removal proceedings;
- Aliens issued an employment authorization document;
- Aliens who have applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, I-700, even if the applications were denied; and
- Aliens issued Border Crossing Cards.
Individuals Not Registered
Anyone who hasn’t been issued a registration document (as listed in 8 CFR § 264.1(b)) and hasn’t submitted the required form (as listed in 8 CFR § 264.1(a)) along with fingerprints (unless exempt) is not considered registered. Individuals who are required to register likely include:
- Aliens who are present in the United States without inspection and admission or inspection and parole;
- Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration; and
- Aliens who submitted one or more benefit requests to USCIS not listed in 8 CFR 264.1(a), including applications for Deferred Action for Childhood Arrivals or Temporary Protected Status, who were not issued evidence of registration.
In summary, the following individuals likely need to comply with the alien registration requirement: individuals with an unlawful entry, Canadian visitors who entered through a land border crossing and didn't receive a Form I-94, as well as certain DACA and TPS recipients.
How Do I Register?
USCIS will be announcing an online process complete the alien registration requirement soon.
Are There Consequences of Non-Compliance?
Failure to comply with the alien registration requirement may result in:
- Fines or Penalties: Non-compliance could lead to financial penalties or legal consequences. We are not certain yet how the Trump administration will choose to penalize those who do not comply with the alien registration requirement.
- Potential Immigration Enforcement: Although USCIS states that registration does not automatically lead to deportation, failure to register may be considered a violation of immigration law.
- Criminal Charges: Once a registration process is in place, federal prosecutors will have the authority to bring criminal charges against individuals who fail to register or do not carry proof of registration. This change enables the prosecution of unauthorized immigrants who previously could not face criminal charges for their status alone.
- Complications in Immigration Cases: Non-citizens who fail to comply may face difficulties if they apply for legal status in the future.
Should I Register as Required?
Many undocumented individuals may feel hesitant or fearful about registering due to concerns about privacy, deportation, or legal repercussions. There is reason to be cautious and ask questions about the alien registration requirement. We cannot provide one answer that's best for everyone. Consider the following:
Understand Your Obligation
Not everyone is required to register. Before taking any action, verify whether you fall under the new alien registration requirement by checking the official USCIS website or consulting an immigration attorney.Protect Your Information
Ensure that you are submitting your information through legitimate sources—only use the official USCIS website or recognized legal assistance organizations to avoid scams.Know Your Rights
Even if you are undocumented, you still have rights. In many cases, law enforcement and immigration authorities cannot force you to share certain information without due process. Learning about your rights as an immigrant can help you make an informed decision.Seek Legal Guidance
Before submitting any information, speak with a trusted immigration lawyer or a reputable nonprofit organization that helps immigrants, such as the American Immigration Council or AILA (American Immigration Lawyers Association). They can help you understand your rights and risks.
Why Does the Alien Registration Requirement Matter?
The alien registration requirement has significant implications for undocumented immigrants and those seeking to legalize their status. While the stated goal of the policy is to maintain accurate records of non-citizens residing in the U.S., concerns remain regarding privacy, the use of data, and potential enforcement actions. The requirement will likely be used as a tool to remove undocumented immigrants.
For immigrants affected by this change, staying informed and seeking legal guidance is crucial. Organizations like CitizenPath provide easy-to-understand immigration resources to help individuals navigate these requirements.
The new alien registration requirement represents a significant shift in U.S. immigration policy. Understanding who must register, how to comply, and the potential consequences of non-compliance is essential for those affected. If you or someone you know may be impacted, consult with an immigration attorney to get the best advice.
About CitizenPath
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