On January 20, 2025, President Trump signed an executive order directing the Department of Homeland Security (DHS) to ensure aliens comply with the registration requirements under the Immigration and Nationality Act (INA). The initiative seeks to streamline the process for unregistered aliens, ensuring all meet their legal obligations. As of February 2025, this compliance will be strictly enforced, with civil and criminal penalties for non-compliance.
Key Takeaways
- All aliens 14 years or older who remain in the U.S. for 30 days or longer must register.
- Parents must ensure children under 14 are registered.
- Failure to comply may lead to fines and criminal penalties.
- A new form and process for registration will be available soon.
- Immigration attorneys play a crucial role in guiding clients through this registration process.
Context
The requirement for alien registration in the U.S. has been in place since the Immigration and Nationality Act (INA) of 1952, specifically under Section 262. This law mandates that all aliens, except for a few exceptions, must register with the government. Over the years, enforcement and registration procedures have evolved, but recent changes have introduced stricter requirements, particularly following President Trump’s executive order in January 2025.
The Legal Framework of Alien Registration
The Immigration and Nationality Act (INA) clearly outlines the requirement for all aliens 14 years and older to register with the U.S. government. Initially, those who applied for a U.S. visa were expected to complete their registration at that time. However, for those who entered the country without completing this step, the new initiative aims to ensure compliance, even if the alien has already been residing in the U.S.
Aliens who are not registered must fulfill the requirements under the INA by applying for registration within 30 days of being in the country.
Who Needs to Register?
According to the updated directive, any alien 14 years or older who stays in the U.S. for 30 days or longer must apply for registration. This includes those who entered on a nonimmigrant visa but did not register at the time of entry. Furthermore, children under the age of 14 must also be registered, and their parents or guardians are responsible for ensuring that this is done.
All aliens aged 14 and above, and children under 14 in the U.S. for 30 days or longer, must be registered. Parents and guardians are responsible for minor children.
Consequences for Non-Compliance
Failure to comply with the registration requirements can result in severe penalties. Aliens who neglect this legal obligation could face civil fines or even criminal prosecution. The Department of Homeland Security will treat these violations as a high-priority enforcement issue. This may include misdemeanors, and those found guilty could face additional fines and legal trouble.
Non-compliance can lead to criminal prosecution and fines, with serious legal consequences for failing to register.
The New Registration Process and Form
In light of the executive order, USCIS will introduce a new form for registration. As of February 25, 2025, aliens required to register should begin creating a USCIS online account in preparation. This streamlined process will allow individuals to submit their registration through the USCIS portal, which will also be used by parents to submit their children’s registration.
A new online registration system will be introduced, beginning February 2025, allowing aliens to complete the process digitally.
Legal Aid and the Role of Immigration Attorneys
With the increased complexity of registration requirements and the introduction of new procedures, the guidance of an immigration attorney is invaluable. Attorneys help manage the legal nuances of registration, ensuring that clients comply with the law and avoid penalties. Attorneys can also provide advice on dealing with unique situations, such as those involving children or previously unregistered aliens.
Immigration attorneys are crucial in helping clients comply with the registration process and avoid legal pitfalls.
Conclusion
The 2025 Alien Registration requirement is a significant development for all aliens residing in the U.S. Compliance is essential to avoid criminal or civil penalties. By ensuring proper registration, individuals can protect themselves from legal issues, while immigration attorneys play a key role in assisting with the process. Stay informed and be proactive about meeting the legal requirements to avoid consequences.
Frequently Asked Questions
What happens if I fail to register?
Failure to register can lead to civil fines and criminal prosecution, including a misdemeanor charge.
Who is exempt from the registration requirement?
American Indians born in Canada and members of the Texas Band of Kickapoo Indians are exempt from registration.
How can I apply for registration?
USCIS will announce a new online process in February 2025. Aliens should create a USCIS online account to begin the registration process.
What documents will I need to submit for registration?
Specific forms and documents will be outlined when USCIS releases the registration form. Generally, it will involve personal identification and biometric information, like fingerprints.
Do I need to register if I’m already in the U.S. and have not been registered before?
Yes, if you are 14 years of age or older and have been in the U.S. for 30 days or longer, you must apply for registration.
Can I get legal help with the registration process?
Yes, immigration attorneys can assist you in understanding the registration process, ensuring that all legal requirements are met.
Authors: Jonathan Wasden & Justin Rivera, Immigration Attorneys