The Department of Homeland Security recently announced a new “alien registration” requirement to require certain non-citizens to register with the government. This blog post will first address who is already registered and who may need to register. For those who are not already registered, it will address the pros and cons of registration. This blog is not legal advice, and it should not be taken as such, nor should it be taken as an endorsement or recommendation either to register or to not register. Any specific questions about requirements to register would be best addressed in an individual consultation.
Who Is Already Registered?
Certain foreign nationals in the United States are already registered and do not need to register in the new system. The list is as follows:
- Lawful permanent residents (green card holders), except children under 14 years of age who are required to re-register within 30 days of turning 14
- Parolees under INA 212(d)(5), even if the parole has expired
- Those admitted to the US in any status who were issued an I-94 or I-94W (paper or electronic), even if the status has now expired. This includes H-1B workers, F-1 students, J-1 exchange visitors, B-2 tourists, etc.
- Anyone who was issued a nonimmigrant or immigrant visa prior to their last arrival in the U.S.
- Those who have been issued Border Crossing Cards (BCC or Visa Laser)
- Those who are currently in removal/deportation proceedings
- Those who have been issued an employment authorization document (EAD or work permit)
- Anyone who has applied for lawful permanent residence (green card application) using forms I-485, I-687, I-691, I-698, I-700; and provided fingerprints even if the application was denied
Who Is NOT Registered?
Anyone who is not included in the list above is not considered registered and may need to register, including the following:
- Anyone who entered the U.S. without visa/status/parole, and who has never been issued a visa before. This includes children under 14 years of age.
- Canadian visitors who entered at land ports of entry who did not apply for an I-94. Note: Canadians entering at land ports of entry may request that an I-94 be issued.
- All children who entered the United States before age 14 with a visa/status (even green card holders), but turn 14 while in the U.S. The registration must be completed within 30 days of turning 14.
Please note, applications for DACA, TPS, and other benefits not included in the regulations at 8 CFR 264.1(a) are not considered “registration.”
What Happens if I Don’t Register?
If you are required to register (yourself or your child under 14), but fail to do so, you can be prosecuted for a misdemeanor punishable by a fine of up to $5,000 or up to 6 months imprisonment or both.
What Happens if I Register?
If you register, you are giving a lot of information to the federal government which can be used in an enforcement action against you. Registration makes it easier for immigration officials to be able to locate you and arrest you and place you in removal proceedings.
Remember, this registration does not give you immigration status and it provides you with no protection whatsoever. If anything, it exposes you to risks.
Can I Wait to Register?
There is ongoing litigation challenging this registration requirement, and it is certain more legal challenges will be filed soon. This process may be enjoined (stopped) by courts at some point as it goes well beyond what the law requires; however, the outcome and timing of how long litigation may take is uncertain at this point. There are certainly some who are required to register who may wait and see what happens in the courts first. However, the registration requirement already went into effect on April 11, 2025.
What Other Obligations Do I Have Besides this Registration?
Even if you register or are in one of those classes of people already registered, you have two continuing obligations: carrying proof of registration and reporting changes of address.
If you register for this process, or if you are in one of those classes of people already registered, you are required to carry proof of registration at all times. If you do not, you can be prosecuted for a misdemeanor punishable by a fine of up to $5,000 or up to 30 days imprisonment or both.
In addition to carrying proof, all non-citizens must notify USCIS of any changes of address within 10 days of such change. A change of address may be completed through a USCIS account online, and instructions for how to file a change of address are available here. USCIS also has instructions for how to create an online account here. If you fail to notify USCIS of a change of address, you can be prosecuted for a misdemeanor punishable by a fine of up to $5,000 or up to 30 days imprisonment or both.
Should I Register or Not?
In considering whether to register, the first step is to consider whether you are required to register or not. If you are required to register, registration is a personal decision that you will have to make for yourself. An attorney can only advise you of the pros and cons of the registration but will not make the decision for you whether to register or not.
