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 long-standing alien registration requirement under Section 262 of the Immigration and Nationality Act (INA) (8 U.S.C. 1302). This law mandates that most non-U.S. citizens (aliens) in the United States register with the federal government. The executive order emphasizes civil and criminal enforcement of the requirement for all aliens who have not yet registered.
To facilitate compliance, U.S. Citizenship and Immigration Services (USCIS) is implementing a new registration process, ensuring that all noncitizens have a clear path to fulfill their legal obligation. This requirement is distinct from immigration status and does not provide employment authorization or any additional legal benefits.
Who Must Register?
General Registration Requirement
Under INA 262, most aliens must register if they:
- Are 14 years of age or older, were not registered when applying for a U.S. visa, and remain in the United States for 30 days or longer.
- Are under 14 years old, and their parent or guardian must register them if they will remain in the U.S. for 30 days or more.
- Turn 14 years old while in the United States—they must register within 30 days after their 14th birthday.
Once registered, DHS will issue evidence of registration, which aliens 18 years and older must carry at all times.
Who Has Already Registered?
Most noncitizens in the U.S. have already met this requirement. If an alien has received any of the following documents listed in 8 CFR 264.1(b), they are considered registered:
- Lawful permanent residents (Green Card holders)
- Paroled noncitizens under INA 212(d)(5) (even if their parole period has expired)
- Nonimmigrants issued Form I-94 or I-94W (including paper and electronic versions)
- Individuals who received U.S. immigrant or nonimmigrant visas before arrival
- Noncitizens placed in removal proceedings by DHS
- Applicants for lawful permanent residence (filed Forms I-485, I-687, I-698, I-691, or I-700—even if denied)
- Employment authorization card (EAD) holders
- Border Crossing Card holders
These individuals do not need to take any further action unless directed by DHS.
Who Is Not Registered?
Certain noncitizens present in the U.S. have not yet met the registration requirement, including:
- Undocumented immigrants who entered the U.S. without inspection and admission or parole.
- Canadian visitors who entered the U.S. at a land port of entry but were not issued a registration document.
- Aliens who applied for certain USCIS benefits but were not issued evidence of registration, including:
- Deferred Action for Childhood Arrivals (DACA) applicants
- Temporary Protected Status (TPS) applicants
If you fall into one of these categories, you must complete the registration process once it becomes available.
Consequences of Failing to Register
Failure to comply with the registration requirement is a serious offense that can lead to both civil and criminal penalties, including:
- Misdemeanor prosecution
- Monetary fines
- Potential immigration consequences
DHS has declared that failure to register will be a civil and criminal enforcement priority under the new executive order. This means that unregistered aliens should act promptly to avoid penalties.
How to Register?
USCIS is establishing a new form and online process for noncitizens to meet their registration obligations.
- Starting February 25, 2025, noncitizens required to register must create a USCIS online account to prepare for the registration process.
- Parents and legal guardians will register children under 14 through their USCIS online account.
- Further instructions will be provided by USCIS in the coming days.
Important Reminder: Registration Is Not an Immigration Benefit
Registering with the U.S. government does not:
- Grant any immigration status
- Provide work authorization
- Offer protection from removal
Who Is Exempt from Registration?
The following groups are not required to register under INA 262:
- American Indians born in Canada who entered under INA 289
- Texas Band of Kickapoo Indians who entered 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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JEREMY L. RICHARDS is the founding partner of Richards and Jurusik and has dedicated his career to U.S. immigration law, with a specialized focus on assisting Canadian and Mexican citizens under the United States-Mexico-Canada Agreement (USMCA) to work and live in the United States. (Full Bio)
