New Order Reinforces Alien Registration Under Immigration Law

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Key Takeaways

Effective January 20, 2025, Executive Order 14159 mandates DHS enforcement of alien registration under INA Section 262 (8 U.S.C. 1302).
Aliens aged 14+ staying over 30 days must register via USCIS Form G-325R; non-compliance risks fines or deportation.
Registrants must create a USCIS online account, submit Form G-325R, and carry proof of registration if 18 or older.

The Alien Registration process is an essential requirement governed by U.S. immigration law that helps maintain accurate records of non-citizens present in the United States. This responsibility, largely dictated by the Immigration and Nationality Act (INA), ensures compliance with federal laws and aids the U.S. government in managing immigration processes. On January 20, 2025, President Trump issued Executive Order 14159, titled “Protecting the American People Against Invasion,” which reinforced the importance of alien registration as mandated by Section 262 of the INA (8 U.S.C. 1302). This executive order directs the Department of Homeland Security (DHS) to prioritize compliance with registration laws and enforce penalties for non-compliance.

What Alien Registration Entails
Under Section 262 of the INA, nearly all non-citizens (referred to as “aliens” under U.S. law) who are 14 years or older, and who remain in the United States for more than 30 days, must apply for registration and fingerprinting. Parents or legal guardians are responsible for ensuring that children under the age of 14 are registered. Additionally, those who turn 14 must re-register within 30 days of their 14th birthday, provided they were already registered before reaching this age. Registration ensures that DHS issues a document as proof, which all aliens aged 18 or older must carry with them at all times.

New Order Reinforces Alien Registration Under Immigration Law

Failure to fulfill these responsibilities can result in serious consequences, including misdemeanor charges, fines, and imprisonment. Non-compliance may even affect immigration benefits or result in deportation. It’s important to note that while registration establishes compliance, it does not grant immigration status or provide employment authorization. Registration is solely a legal requirement for tracking purposes.

Executive Order 14159 and Its Directives
President Trump’s Executive Order 14159 underscores the duty of DHS to enforce alien registration and fingerprinting requirements outlined in the INA. It also mandates heightened efforts to identify unregistered non-citizens and ensure compliance. To meet this objective, U.S. Citizenship and Immigration Services (USCIS) introduced Form G-325R, also known as “Biographic Information (Registration),” a tool specifically designed for aliens to fulfill their lawful obligation.

Who Needs to Register, and Who Already Complies?
Fulfilling the alien registration requirement depends on individual circumstances. Many aliens are already in compliance due to previous interactions with immigration processes, such as obtaining visas or filing immigration benefit applications. Examples of those who are typically compliant include lawful permanent residents, individuals granted parole under INA 212(d)(5), holders of Form I-94 or I-94W, those in removal proceedings, and individuals with Employment Authorization Documents. Others, including recipients of Border Crossing Cards or applicants for lawful permanent residency using forms like I-485 or I-700, may also be considered registered.

However, there are still exceptions. Those who entered the United States without inspection (for instance, crossing the border without permission), Canadian visitors entering through land border ports without necessary registration documents, and applicants for certain benefits like Temporary Protected Status may not be registered under INA requirements.

For individuals falling outside the registered categories, compliance is mandatory. Aliens who are staying in the U.S. for over 30 days without registration, children whose parents did not submit the required paperwork, and adolescents turning 14 are required to register. Parents and legal guardians bear the primary responsibility for registering offspring under 14 years old.

Certain rare groups, such as American Indians born in Canada and members of the Kickapoo Traditional Tribe of Texas entering under the Texas Band of Kickapoo Act, are exempt from the registration requirement.

Steps to Complete Form G-325R and Register Online

USCIS has streamlined the process to simplify compliance with the alien registration requirement. Starting with the creation of a USCIS online account, the registration process involves several steps:

Create an Individual USCIS Online Account
Each alien, regardless of age, must set up their own online account with USCIS. For minors under the age of 14, parents or legal guardians are responsible for creating accounts on their behalf.
Submit Form G-325R
Once the online account is created, the registrant must complete and submit Form G-325R. This form, which collects biographical information, must be submitted online, as USCIS no longer accepts handwritten or mailed copies. Parents or guardians submitting the form for children are required to do so from the child’s unique account.

While completing the form, individuals should carefully evaluate whether they meet existing registration criteria. Specific details, such as if the applicant possesses a Form I-94 Arrival-Departure Record, may indicate that DHS already considers them registered.
USCIS Evaluation
After submission, USCIS reviews Form G-325R alongside internal records to determine whether the registrant is already compliant or whether further action, such as a biometric services appointment, is needed. If a registrant is already compliant, USCIS will inform them and avoid scheduling unnecessary steps.
Attend Biometrics Appointment (if applicable)
If required, USCIS will schedule an in-person biometric services appointment at one of their Application Support Centers. This appointment allows USCIS to collect fingerprints, photographs, and signatures, ensuring accurate records. Exceptionally, minors under 14 and Canadian visitors might not need biometric appointments.
Receive Proof of Registration
Once registration is complete, including biometrics where applicable, USCIS will issue a notice, known as “Proof of G-325R Registration.” This can be downloaded as a PDF and printed directly from the registrant’s USCIS account. All aliens aged 18 and older are required to carry this proof with them at all times.

Legal and Criminal Penalties for Non-Compliance
U.S. law treats non-compliance with alien registration requirements seriously. Failing to register, provide fingerprints, or attend biometric appointments when required is classified as a misdemeanor. Offenders may face fines of up to $5,000, imprisonment of up to six months, or both. Further, refusing to carry the resulting registration proof can result in fines of up to $5,000, a jail term of up to 30 days, or both. Additionally, individuals failing to notify USCIS of changes in address within 10 days could face similar penalties or even deportation.

Importance of Address Updates and Change of Circumstances
Aliens already registered must remain vigilant about updating their details with USCIS. Address changes, for example, are legally required to be reported within 10 days of moving. Failure to do so can result in criminal and immigration penalties, potentially even removal from the United States. Using the USCIS online account is encouraged as the easiest and fastest way to report address changes.

Avoiding Fraud During the Registration Process
Registrants should remain cautious of scams and unlicensed immigration consultants. Only licensed attorneys or representatives accredited by the Department of Justice are authorized to provide legal guidance. For more official guidance, you can visit the “Avoid Scams” resource page available on the USCIS website.

What Happens After Registration?
After aliens successfully register, they must adhere to the legal obligation of carrying proof of registration at all times. Additionally, those under the registration system must ensure ongoing compliance with requirements, such as reporting address changes. While registration under INA 262 is critical to remaining compliant with U.S. immigration law, it does not provide any additional benefits or rights, including work authorization or changes to legal status.

Summary
The alien registration system, as outlined by Section 262 of the INA and reinforced by Executive Order 14159, is a vital aspect of federal immigration enforcement. With the introduction of Form G-325R and streamlined online processes, DHS has sought to simplify compliance, though the responsibilities of registrants remain significant. Alien registration enforces transparency and accountability while ensuring fairness in the immigration system. To learn more about the alien registration requirements, forms, and procedures, visit the official USCIS Alien Registration Information page.

As reported by VisaVerge.com, failure to meet registration duties can have serious consequences for aliens residing in the United States. From fines to jail time, these legal issues underscore the importance of staying compliant with U.S. immigration regulations. By utilizing online resources, registrants can fulfill their responsibilities expediently and avoid complications. Above all, compliance ensures smoother navigation of the immigration system and alignment with federal laws.

Learn Today

Alien Registration → Legal process requiring non-citizens to register and provide biometric data while staying in the U.S. for over 30 days.
Immigration and Nationality Act (INA) → A U.S. federal law outlining rules and requirements for immigration, naturalization, and residency in the United States.
Executive Order 14159 → A directive issued by President Trump mandating stricter enforcement of alien registration and compliance with immigration laws.
Form G-325R → A biographical information form required for alien registration, submitted through a USCIS online account.
Biometric Services Appointment → An in-person appointment where fingerprints, photographs, and signatures are collected to ensure accurate identification records.

This Article in a Nutshell

Alien registration is a cornerstone of U.S. immigration law, requiring non-citizens to maintain compliance for over 30-day stays. Governed by INA Section 262, it ensures accurate records, but neglecting it risks fines, imprisonment, or deportation. USCIS simplifies registration online via Form G-325R, reinforcing transparency and safeguarding legal status. Compliance ensures smoother processes.
— By VisaVerge.com