The Department of Homeland Security (DHS) announced an interim final rule on March 10, 2025, which will enforce national registration requirements for non-U.S. citizens. Effective April 11, 2025, all non-U.S. citizens 14 years of age or older must register and provide fingerprints to the federal government if they plan on remaining in the United States for 30 days or longer. Specifically, the registration requirement mandates that:
- Noncitizens over 14 years old register and be fingerprinted within 30 days of entry; AND
- All registered noncitizens over 18 years old must carry proof of registration at all times; AND
- All non-U.S. citizens must notify DHS of each change of address within 10 days of moving by filing Form AR-11.
Failure to comply with registration can result in a fine of up to $5,000 and/or imprisonment of up to 180 days. Failure to comply with carrying proof of registration and/or updating address changes may result in a misdemeanor with a fine of up to $5,000 and/or imprisonment of up to 30 days.
The registration requirement has been part of the United States Code since 1940, however, it has not been strictly enforced since that time. The new process is a result of the Trump administration’s Executive Order that directs DHS to ensure that all previously unregistered non-U.S. citizens comply with the registration requirement. The registration requirement does NOT constitute a legal status, nor does it provide a path to lawful status or any form of immigration relief, nor does it provide any protection from deportation. Rather, the registration process will likely be used by the government to target immigrants for arrests, criminal prosecutions, and deportations, particularly undocumented immigrants. Effective April 11, 2025, federal prosecutors may criminally charge non-U.S. citizens for the crime of failing to register or failing to carry evidence of registration with them, which will allow them to prosecute unauthorized immigrants who previously could not be criminally prosecuted.
The registration requirement applies to all non-U.S. citizens, including Canadian nationals and children, who will be in the U.S. for more than 30 days. The rule also requires parents or legal guardians to register their non-U.S. citizen children within 30 days of turning 14 years of age, even if they were already previously fingerprinted or registered. The only exemptions to the registration requirement are for American Indians born in Canada who entered the United States under Section 289 of the INA and members of the Kickapoo Traditional Tribe of Texas who entered the United States under the Texas Band of Kickapoo Act.
Many non-U.S. citizens have already met the registration requirement during the process of applying for an immigrant and/or nonimmigrant visa and are NOT required to register under the new process. That includes:
- Any lawful permanent resident of the United States.
- Foreign nationals paroled into the U.S., even if their parole period has expired.
- Nonimmigrants with a Form I-94 or I-94W, even if the expiration of their period of admission has been reached. This can be either paper or electronic.
- Foreign nationals with immigrant or nonimmigrant visas who were present in the U.S. prior to their last date of arrival.
- Any foreign national with an employment authorization document.
- Any foreign national who provided fingerprints while applying for lawful permanent residence using the Form I-485, I-687, I-691, I-698 or I-700.
- Any foreign national with a Border Crossing Card.
These non-U.S. citizens who are already considered registered should carry one of the below documents at all times after April 11, 2025:
- Form I-94, Arrival-Departure Record (www.cbp.gov/I94 and/or at the bottom of your I-797 Approval Notice)
- Employment Authorization Document (EAD)
- Permanent Resident Card (“Green Card”)
- Valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport
- Form I-95, Crewmen’s Landing Permit
- Form I-184, Alien Crewman Landing Permit and Identification Card
- Form I-185, Nonresident Alien Canadian Border Crossing Card
- Form I-186, Nonresident Alien Mexican Border Crossing Card
- Form I-221, Order to Show Cause and Notice of Hearing
- Form I-221S, Order to Show Cause, Notice of Hearing, and Warrant of Arrest of Aliens
- Form I-862, Notice to Appear, for those noncitizens against whom removal proceedings are being instituted
- Form I-863, Notice of Referral to Immigration Judge, for those noncitizens against whom removal proceedings are being instituted
Immigrants who do not have any of the above documents may be considered unregistered, including those who entered the U.S. without inspection and have had no subsequent contact with the federal government or who have applied for some benefits but who have not been fingerprinted or whose applications have not been approved.
For those required to register, they must create a myUSCIS online account and complete the Form G-325R, Biographic Information (Registration), which requests detailed biographic information about the person registering, including country of birth and citizenship, data of arrival in the United States, and anticipated date of departure. It also asks for detailed biographic information about the person’s family members, including country of birth. After submission of Form G-325R, USCIS will schedule the person for a biometric services appointment at one of the Application Support Centers (ASCs), where the person will provide fingerprints, photographs, and signatures that the government will use to run background checks.
Following the registration, the individual will receive a “Proof of G-325R Registration” in their myUSCIS account. All non-U.S. citizens 18 years of age and older must carry and have in their personal possession evidence of their registration at all times or is otherwise subject to civil and criminal penalties.
Complying with and failing to comply with the registration requirement may have negative consequences depending on individual circumstances. Choosing to register may expose non-U.S. citizens and put certain individuals at risk of being placed in removal proceedings, while choosing not to register may put them at risk of future criminal prosecution for failing to register. While immigration attorneys cannot, under ethical rules, advise individuals to register or not, individuals who may be affected by the requirement should consult with experienced immigration counsel to receive the most appropriate advice for their individual circumstances and risks.
The attorneys at Garfinkel Immigration Law Firm continue to review implementation of the new process, and will provide updates when further guidance is issued, or as new developments occur. There may also be some modifications based on court challenges. In the meantime, we recommend clients carry evidence of their registration at all times, such as their Form I-94 record which can be obtained through www.cbp.gov/I94 and/or at the bottom of your I-797 Approval Notice; green card; EAD; and/or passport with entry stamp.
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