The New Immigration Registration Requirement: What You Need to Know

In a significant policy shift, President Trump issued Executive Order 14159, Protecting the American People Against Invasion on January 20, 2025  which directed the Department of Homeland Security to ensure that aliens comply with their duty to register with the government under section 262 of the Immigration and Nationality Act (INA) (8 U.S.C. 1302), and ensure that failure to comply with the registration requirement is treated as a civil and criminal enforcement priority. This change, based on existing immigration law, raises important questions about compliance, legal implications, and potential impacts on immigrant communities.

Understanding the New Immigration Registration Requirement

The requirement for noncitizens to register with U.S. immigration authorities is not a new law but rather an enforcement of the Immigration and Nationality Act (INA). The Rule is effective April 11, 2025 and was published as an “Interim Final Rule,” allowing the administration to begin the process without considering public comment. According to Section 262 of the INA, all noncitizens aged 14 and older who remain in the United States for more than 30 days must register with U.S. Citizenship and Immigration Services (USCIS) and submit biometric data, including fingerprints. Parents or legal guardians must register children under 14, who will then be required to re-register within 30 days after their 14th birthday.

Failure to comply with this requirement could result in legal consequences, including fines and possible criminal prosecution. While historically not strictly enforced, the government is now actively implementing this provision, requiring affected individuals to submit their registration information through an online USCIS portal.

Who Is Affected?

The registration requirement applies to several groups, including:

• Undocumented Immigrants: Those residing in the U.S. without legal status must comply with this requirement or risk legal action, including potential deportation.

• Temporary Visitors Staying Over 30 Days: This includes certain visa holders who remain in the U.S. beyond this period.

• Canadian Visitors Staying Over 30 Days: Unlike in the past, long-term Canadian visitors must now register with U.S. immigration authorities.

  
  

It is important to note that this registration process does not grant any form of legal immigration status, work authorization, or protection from removal proceedings. It is purely an administrative measure to record the presence of noncitizens in the country.

Who is already considered to have registered: 

The following group of immigrants are considered to already be registered and do not have the legal obligation to register online: 

• Lawful permanent residents;

• Aliens paroled into the United States under INA 212(d)(5), even if the period of parole has expired; (including CBP one and Biden Parolees) 

• Aliens admitted to the United States as nonimmigrants who were issued Form I-94 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 before their last date of 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, and provided fingerprints (unless waived), even if the applications were denied; and

• Aliens issued Border Crossing Cards.

Compliance and Consequences

The Department of Homeland Security (DHS) is developing a new digital process for registration, which will require individuals to create a USCIS online account. Once implemented, noncitizens subject to the rule must submit their registration electronically.

Noncompliance may result in serious consequences, including:

• Civil and Criminal Penalties: Fines of up to $5,000 and potential imprisonment of up to six months.

• Increased Risk of Deportation: Registering does not protect individuals from deportation, but failure to register could lead to additional legal consequences.

• Government Monitoring: Registered individuals will have their information on record, raising concerns among advocacy groups about potential misuse of data for enforcement actions.

  
  

Concerns and Legal Challenges

Immigrant advocacy organizations and legal experts have expressed concerns about the impact of this policy on undocumented individuals and communities. Some of the key criticisms include:

• Fear of Targeting and Deportation: Many worry that the collected information could be used to facilitate mass deportations.

• Uncertainty Around Enforcement: While the law has existed for decades, its enforcement now raises questions about how it will be applied and whether it will disproportionately affect certain communities.

• Chilling Effect on Immigrant Communities: The fear of registration may deter individuals from seeking medical care, education, or legal assistance.

• 
  

Please be mindful that all individuals must report any change of address to USCIS within 10 days of moving. Failure to update address information may result in penalties, including deportation, unless the individual can prove that noncompliance was unintentional or excusable. 

While the government argues that the policy is meant to enforce existing immigration laws and enhance national security, the broader social and legal implications remain a subject of debate.

What Immigrants Should Do

For those potentially affected by this requirement, it is crucial to:

1. Stay Informed: Monitor official USCIS announcements and seek legal guidance from reputable immigration attorneys.

2. Understand Rights and Risks: Before registering, individuals should consult legal professionals to understand the implications of compliance versus noncompliance.

3. Prepare Documentation: If registration becomes mandatory, ensure that personal records and proof of residence are accurate and up to date.

   
   

The enforcement of the immigration registration requirement marks a significant change in U.S. immigration policy. While proponents argue it strengthens national security and legal compliance, critics highlight potential risks to immigrant communities. As the situation develops, it is essential for affected individuals to seek reliable legal advice and remain informed about their rights and responsibilities.

Patricia Elizee is the managing partner of the Elizee Law Firm, an immigration law firm located at 1110 Brickell Avenue, Suite 315, Miami, Florida 33131. Phone 305-371-8846. The law firm was established in 2012. Ms. Elizee earned her Juris Doctorate at the University of Miami School of Law and her Masters in Law from the University of Washington School of Law.