Alien Registration Now Mandatory in the U.S.; Criminal Penalties for Noncompliance, DHS to Announce Process

With the announcement from the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) has launched a dedicated page for alien registration. The DHS warns that failing to complete the registration process is now a crime that could result in a fine, imprisonment, or both. DHS stated that while this law had been overlooked for decades, it will now be strictly enforced.

According to USCIS, the Immigration and Nationality Act requires that, with limited exceptions, all aliens 14 years of age or older who were not fingerprinted or registered when applying for a U.S. visa and who remain in the United States for 30 days or longer must apply for registration and fingerprinting. Similarly, parents and guardians must ensure that their children below the age of 14 are registered. Within 30 days of reaching their 14th birthday, previously registered alien children must apply for re-registration and fingerprinting.

Once an alien has registered and appeared for fingerprinting (unless waived), DHS will issue evidence of registration, which aliens over the age of 18 must carry and keep in their possession at all times, according to USCIS. USCIS further clarifies, “It is the legal obligation of all unregistered aliens (or previously registered children who turn 14 years old) in the United States to comply with these requirements. Failure to comply will result in criminal and civil penalties, up to and including misdemeanor prosecution and the payment of fines.”

“Most aliens in the United States have already registered, as required by law. However, a significant number of aliens present in the United States have had no direct way to register and meet their obligation under INA 262. To enable unregistered aliens to comply with their duty under INA 262, USCIS is establishing a new form and process by which they may register. No alien will have an excuse for failure to comply with this law,” the USCIS official website reads.

USCIS emphasizes that registration is not an immigration status, and registration documentation does not establish employment authorization or any other right or benefit under the INA or any other U.S. law.

Anyone who has been issued one of the following documents has already registered under 8 CFR 264.1(b): lawful permanent resident cards; parole documents for aliens paroled into the United States under INA 212(d)(5), even if the period of parole has expired; Forms I-94 or I-94W (paper or electronic) for aliens admitted to the United States as nonimmigrants, even if the period of admission has expired; immigrant or nonimmigrant visas issued prior to arrival; documents for aliens whom DHS has placed into removal proceedings; employment authorization documents; documents for aliens 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 Border Crossing Cards.

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All aliens 14 years of age or older who were not registered and fingerprinted (if required) when applying for a visa to enter the United States and who remain in the United States for 30 days or longer must apply before the expiration of those 30 days. Parents and legal guardians of aliens less than 14 years of age who have not been registered and remain in the United States for 30 days or longer must apply before the expiration of those 30 days. Any alien, whether previously registered or not, who turns 14 years old in the United States must apply for registration within 30 days after their 14th birthday, according to USCIS.

Anyone who has not been issued one of the documents designated as evidence of registration under 8 CFR 264.1(b) and has not submitted one of the forms designated at 8 CFR 264.1(a) and provided fingerprints (unless waived) is not registered. Aliens who have not registered include aliens who are present in the United States without inspection and admission or inspection and parole; Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration; and aliens who submitted one or more benefit requests to USCIS not listed in 8 CFR 264.1(a), including applications for Deferred Action for Childhood Arrivals or Temporary Protected Status, who were not issued evidence of registration.

“DHS will soon announce a form and process for aliens to complete the registration requirement. Beginning Feb. 25, 2025, aliens required to register should create a USCIS online account in preparation for the registration process.  Once the registration process is implemented, aliens will submit their registration, and parents and guardians will submit registration applications on behalf of their children under 14, through their USCIS online account,” USCIS declared. USCIS has stated that further updates will be provided on its website as more information becomes available.