On January 20, 2025, President Trump issued an executive order, Protecting the American People Against Invasion, that directed the Department of Homeland Security (DHS) to ensure foreign nationals in the U.S. comply with the obligation to register, pursuant to Section 262 of the Immigration and Nationality Act (INA), and that failure to register be treated as a civil and criminal enforcement priority. In response, on February 25, 2025, DHS laid out more specifics about the proposed alien registration requirement, including additional guidance about who is required to register and the process to register.
What is the registration requirement?
Section 262 of the INA, originally enacted in 1952, mandates the registration and fingerprinting of certain foreign nationals in the U.S. In addition, the INA mandates that foreign nationals eighteen (18) years of age and over carry evidence of registration. With the exception of the National Security Entry-Exit Registration System (NSEERS), enacted by the Bush administration in the wake of 9/11 and requiring the registration of men over the age of sixteen (16) on nonimmigrant visas from 24 countries declared “havens for terrorists,” the U.S. has not previously enforced the INA’s registration requirement or provided a process for foreign nationals to register. The Trump administration has proposed to change that by providing a tool to register online and announcing the intention to enforce penalties for failure to register.
Who is required to register?
It is important to note that many foreign nationals currently in the U.S. have already “registered,” and include:
- Lawful Permanent Residents;
- Foreign nationals paroled into the U.S. pursuant to INA 212(d)(5), even if the period of parole has expired;
- Foreign nationals admitted to the U.S. as nonimmigrants who were issued Form I-94 or I-94(W) (paper or electronic), even if the period of admission has expired;
- All foreign nationals present in the U.S. who were issued immigrant or nonimmigrant visas before arrival;
- Foreign nationals whom DHS has placed in removal proceedings;
- Foreign nationals issued an employment authorization document;
- Foreign nationals who have applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, or I-700, even if the applications were denied; and,
- Foreign nationals issued Border Cross Cards.
Individuals who have already registered and are eighteen (18) years of age and older should carry evidence of registration (e.g., lawful permanent resident card, Form I-94, etc.).
Please note any foreign national, regardless of whether they registered previously, who turns 14 years of age in the U.S., must register (or re-register) within 30 days of their fourteenth (14th) birthday.
Individuals who are not registered include:
- Foreign nationals present in the U.S. without inspection and admission;
- Canadian visitors who entered the U.S. at land ports of entry, were not issued evidence of registration (e.g., Form I-94), and will remain in the U.S. for thirty (30) days or longer;
- Foreign nationals who have applied for Deferred Action for Childhood Arrivals (DACA), Temporary Protected Status (TPS), or similar benefits who were not inspected and admitted to the U.S. and who have not subsequently been issued evidence of registration, such as an Employment Authorization Document.
Individuals who are unsure of whether they have previously registered should seek the guidance of immigration counsel.
How does someone register?
DHS has indicated they will “soon announce a form and process for aliens to complete the registration requirement,” and that beginning February 25, 2025, individuals required to register may create a USCIS online account in preparation for the registration process.
Individuals required to register should consult with immigration counsel.