On January 20, 2025, President Trump issued the Protecting the American People Against Invasion executive order, directing the Department of Homeland Security (DHS) to enforce the alien registration requirement under Section 262 of the Immigration and Nationality Act (INA) (8 U.S.C. 1302). This law requires most non-U.S. citizens in the United States to register with the federal government.
For visa-exempt Canadians, this enforcement could have a significant impact, particularly for those who stay in the U.S. for 30 days or longer. Many Canadian visitors do not receive a Form I-94 when entering by land, meaning they may not be automatically registered. Under the new policy, failing to register could result in civil and criminal penalties.
Who Must Register?
Under INA 262, most noncitizens must register if they meet one of the following conditions:
- They are 14 years or older, were not registered when applying for a U.S. visa, and remain in the U.S. for 30 days or more.
- They are under 14 years old, and their parent or guardian must register them if they stay in the U.S. for 30 days or more.
- They turn 14 years old while in the U.S. and must register within 30 days after their 14th birthday.
Once registered, DHS will issue proof of registration, which noncitizens 18 years and older must carry at all times.
How Does This Affect Visa-Exempt Canadians?
Visa-exempt Canadians who enter the U.S. at a land port of entry typically do not receive an I-94 form, which satisfies the registration requirement. If they remain in the U.S. for 30 days or more, they may be required to register.
- Canadians staying fewer than 30 days likely do not need to register.
- Canadians staying 30 days or longer may need to register to avoid penalties.
Who Has Already Registered?
Canadians who have received any of the following documents are already considered registered:
- Green Card holders (Lawful Permanent Residents)
- Canadians admitted with a U.S. visa (such as TN, L-1, or H-1B visa holders)
- Canadians issued a Form I-94 at entry (paper or electronic)
- Canadians who applied for Adjustment of Status (Green Card applicants)
Who May Not Be Registered?
If you entered the U.S. by land as a visitor and did not receive an I-94, you may not be registered and could be required to complete the process if you stay for 30 days or longer.
Consequences of Failing to Register
Failure to register is a serious offense and may result in:
- Misdemeanor charges
- Monetary fines
- Potential immigration consequences
DHS has confirmed that enforcing the registration rule is a priority. Visa-exempt Canadians who stay 30 days or more without registering could face penalties or future difficulties when re-entering the U.S.
How to Register?
DHS is rolling out an online registration process through USCIS.
Starting February 25, 2025:
- Noncitizens must create a USCIS online account to complete the registration process.
- Parents and guardians will register children under 14 through their account.
- Further details will be available on USCIS.gov.
Important: Registration Is Not an Immigration Benefit
Registering does not:
- Provide legal immigration status
- Grant work authorization
- Prevent removal or deportation
Who Is Exempt from Registration?
The following groups do not need to register:
- Canadian-born American Indians entering under INA 289
- Texas Band of Kickapoo Indians under the Texas Band of Kickapoo Act
Avoid Immigration Scams
As DHS implements this process, be cautious of scams. Only licensed immigration attorneys or accredited representatives can provide legal advice. Do not pay anyone promising you a legal status through registration.
Schedule a Consultation with an Immigration Lawyer
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