What is the New Alien Registration Requirement?

On February 25, 2025, the U.S. Citizenship and Immigration Services (USCIS) announced the implementation of a new alien registration requirement, mandating that certain non-U.S. citizens register with the Department of Homeland Security (DHS). https://www.aila.org/library/uscis-provides-update-on-alien-registration-requirement

The law requires non-U.S. citizens (aliens) residing in the United States to register with DHS, providing personal information such as fingerprints and home addresses. The initiative aims to enhance national security and ensure compliance with U.S. immigration laws.

Under the INA, with limited exceptions, all noncitizens aged 14 and 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. Additionally, parents and guardians are responsible for registering children under 14. Once a child reaches their 14th birthday, they must apply for re-registration and fingerprinting within 30 days.

Here is the link to the USCIS registration page:
https://www.uscis.gov/alienregistration

How To Register for the Alien Registration Requirement

According to DHS, the USCIS account creation requirement went into effect on February 25, 2025, but DHS did not provide a timeline for when the registration form will be effective. AILA has learned that the G-325R, which will serve as the registration form, was accessible in applicant MyUSCIS accounts as early as February 26, 2025.

Who is already considered to be registered?

https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-264/section-264.1

Those who submitted one of the forms listed on 8 CFR 264.1(a), including:

Green Card holders,
People who entered legally on a visa
Visa holders,
Border crossing card holders – parolees, – employment authorization recipients, and – individuals in removal proceedings, are already registered.
8 CFR 264.1(b) provides a list of documents designated as evidence of registration.
Those who have pending adjustment of status applications (Form I-485) – This regulation was last updated in 1960 and therefore does not include other forms or documents that may otherwise be considered proof of registration.

https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-264/section-264.1

Who is required to register?

The registration requirement applies to:

Individuals aged 14 and older: Non-U.S. citizens who were not fingerprinted or registered when applying for a U.S. visa and who plan to stay in the United States for 30 days or longer must register before the expiration of the 30 days.
Children under 14: Parents or legal guardians must register their children who were not registered upon visa application and who will remain in the U.S. for 30 days or longer must register before the expiration of the 30 days.
Previously registered children turning 14: They must re-register and provide fingerprints within 30 days after their 14th birthday.

Who is Not Registered?

The USCIS announcement specifically notes that the following groups are not considered to be registered, but did not include them in the group that is required to register.

Those who entered the U.S. without inspection
Canadians who entered at a land port and were not issued evidence of registration
Those who applied for immigration benefits not listed in 8 CFR 264.1(a) (including those who applied for DACA and TPS)

Is there a cost associated with registration?

The USCIS has not specified a fee for the alien registration process itself. However, according to INA 266, willful non-compliance can lead to significant penalties, including misdemeanor conviction, civil fines of up to $1,000 or imprisonment of up to 6 months, and potential immigration consequences.

Important Note

Registration does not provide a legal immigration status or work authorization.

Can Godoy Law Office Advise Me Not To Register?

The ethical rules controlling lawyers do not allow us to advise you to violate the law. However, we can advise you that we expect the administration to use this information to potentially start a removal process against the registrant. If you are required to register choosing to register or not is a private decision. The effect of not registering can lead to significant penalties, including misdemeanor conviction, civil fines of up to $1,000 or imprisonment of up to 6 months, and potential immigration consequences. “A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent[.]” MR 1.2(d), Scope of Representation and Allocation of Authority Between Client and Lawyer. The ARR is mandatory, with criminal penalties for failure to comply. INA § 262. Therefore, even if attorneys determine that it is against a client’s best interest to comply with the ARR because of the risks of removal or detention, they cannot advise clients not to register, absent a good faith challenge to the validity of the requirement without violating MR 1.2. A lawyer may not advise clients how to potentially avoid detection if they fail to register as well. Attorneys do not violate MR 1.2(d) if they acknowledge that a client may choose to not register and discuss the possible consequences of such a decision. The Rules of Professional Conduct allow attorneys to “discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning or application of the law.” MR 1.2(d).