The “New” Alien Registration Law: Comply, or Else

By:  Richard Hanus, Esq.

April 25, 2025

Back in 1940 Congress enacted an “alien registration” law requiring foreign nationals to submit biographic details to the U.S. government by way of a formal registration process and carry proof of their registration.  In the decades that have passed, the law became largely ignored, primarily because the vast majority of foreign nationals in the U.S. became automatically registered by entering on some kind of U.S. visa or through another legal immigration avenue.   Further, for those not covered by automatic registration processes, no means of registration has been available.  This all changed in the past month, with Donald Trump’s Executive Order, ferociously title  “Protecting the American People Against Invasion” where he directs the Secretary of Homeland Security to identify “unregistered illegal aliens” present in the U.S. and take appropriate action.  As a result, we now have a refresh of an old registration law and process for foreign nationals, along with a reminder of penalties for failure to comply.

In general, effective April 11, foreign nationals (with the exception of certain diplomats), 14 years of age and older, staying in the U.S. for 30 days or longer must register if they:

• • entered the U.S. without being officially inspected and admitted by U.S. immigration officials – (aka “EWI” or “entered without inspection”),
  • are visa-exempt Canadians who entered the U.S. to visit for business or tourism but were not issued a Form I-94, OR
  • are just turning 14 years of age and regardless of previous registration steps (see automatic registration steps below).

Just as important though, the following classes of foreign nationals are already considered automatically registered and thus relieved of taking any further action toward formal registration compliance:

• • Green Card holders, aka Lawful Permanent Residents;
  • Foreign nationals who have applied for lawful permanent residence and provided their fingerprints;
  • Non-citizens who have been allowed entry into the U.S. by way of “parole” under INA 212(d)(5), and regardless if the parole period expired;
  • Non-citizens who have been inspected and admitted into the U.S. in a nonimmigrant visa status and were issued Form I-94 or I-94W (paper or online), and regardless if that period of admission expired.
  • Noncitizens present in the United States who were previously issued immigrant or nonimmigrant visas prior to their last date of arrival;
  • Noncitizens currently in removal proceedings;
  • Noncitizens who have been issued an employment authorization document aka EAD or work permit;
  • Noncitizens who have applied for lawful permanent resident status (Green Card) by way of filings one of the following:  Forms I-485, I-687, I-691, I-698, I-700, and provided fingerprints (unless waived), including if the application was denied AND
  • Noncitizens issued Border Crossing Cards.

Registration Process:  Foreign nationals who are required to register must create a US CIS account, including separate accounts for children. Detailed step by step instructions, which are available at the US CIS website, include:

·        Completion of Form G-325R online through US CIS’ website,

·        Submitting biometric data (fingerprints) and

·        Printing out and carrying a “Proof of Alien Registration” document following completion of registration.  Importantly, individuals considered automatically registered through one of the above steps should carry some proof of being covered under the applicable  classification

Change of Address:  Furthermore, all non-citizens are required to update US CIS of any address changes within 10 days of a move.  See https://www.uscis.gov/addresschange

Foreign nationals failing to comply with the above rules may be subject to criminal prosecution and/or civil penalties, including up to a $5,000.00 fine, imprisonment for up to 30 days, or both. Further, noncitizens age 18 or older must always carry proof of registration or face possible criminal misdemeanor charges, including a fine of up to $100 and/or a term of up to 30 days in prison.

Many foreign nationals now living in the U.S. without authorization face critical decisions when it comes to these registration requirements.   Those not already considered automatically registered now are required to come out of the shadows and alert U.S. immigration authorities to their presence and location in the U.S.  This step comes with huge ramifications, especially for those without any defenses to removal proceedings or prospective path to legalization, leaving many of them to ask themselves whether registering is worth it.   Of course, it is the law and failure to comply may bring serious consequences as outlined above as well as possible disqualification for any future immigration benefit should one become available. On the other hand, it is a step entirely antithetical to the idea of living a private, undocumented, but otherwise lawful, life in the U.S.   Indeed, the implementation of the “new” alien registration law presents many questions and a hugely consequential crossroads for millions of foreign nationals in the U.S.

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