DHS cracks down on noncitizen compliance as Trump administration mandates alien registration
WASHINGTON, D.C. — The Trump administration has implemented strict enforcement of alien registration requirements under U.S. immigration law following the issuance of the Trump alien registration order, formally known as the Protecting the American People Against Invasion executive order, on Jan. 20, 2025. The directive mandates the Department of Homeland Security (DHS) to ensure that all noncitizens comply with their legal duty to register under Section 262 of the Immigration and Nationality Act (INA) (8 U.S.C. 1302). DHS has classified failure to register as a civil and criminal enforcement priority, meaning violators may face legal consequences.
While DHS oversees enforcement, U.S. Citizenship and Immigration Services (USCIS) is responsible for implementing a new registration process to assist noncitizens in meeting their legal obligations. The Trump alien registration order aims to close existing gaps, ensuring all required individuals comply with INA 262.
Mandatory Registration for Noncitizens
According to DHS, all aliens aged 14 and older who were not fingerprinted or registered when applying for a visa and who remain in the U.S. for 30 days or longer must apply for registration and fingerprinting. Parents and legal guardians must register children under 14 within the same timeframe. Additionally, children who were previously registered must re-register within 30 days of turning 14 and complete fingerprinting.
Once an alien has completed registration and fingerprinting (unless waived), DHS will issue an official registration document. Aliens over the age of 18 are legally required to carry this documentation at all times. Failure to comply may result in criminal and civil penalties, including fines and misdemeanor prosecution.
Who Is Already Registered?
According to USCIS, noncitizens who have already met their registration requirements include:
- Lawful permanent residents (Green Card holders)
- Aliens paroled into the U.S. under INA 212(d)(5), even if their parole has expired
- Nonimmigrants admitted with Form I-94 or I-94W, even if their admission period has expired
- Aliens who entered with an immigrant or nonimmigrant visa before arrival
- Individuals placed in removal proceedings by DHS
- Aliens who have been issued an Employment Authorization Document (EAD)
- Applicants for lawful permanent residence, even if their applications were denied
- Border Crossing Card holders
Who Must Register Now?
USCIS has outlined the specific groups of noncitizens who must register under the Trump alien registration order:
- Aliens 14 years or older who were not registered or fingerprinted when applying for a visa and who remain in the U.S. for 30 days or more.
- Parents or legal guardians of children under 14 who have not yet been registered and who have stayed in the U.S. for 30 days or more.
- Previously registered noncitizens who turn 14, who must re-register within 30 days of their birthday.
Who Is Not Registered?
DHS has identified categories of unregistered noncitizens who must take action to comply with the law. These include:
- Aliens present in the U.S. without inspection and admission or parole
- Canadian visitors who entered the U.S. through land ports of entry without receiving registration documentation
- Aliens who applied for immigration benefits not listed under 8 CFR 264.1(a), including applications for Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS), who were not issued a registration document
New Registration Process to Begin February 25
To assist aliens in complying with INA 262, USCIS will launch a new online registration system. Beginning Feb. 25, 2025, noncitizens who are required to register must create a USCIS online account in preparation for the new registration process. Parents and legal guardians will also use this system to register children under 14.
USCIS has clarified that registration does not grant any immigration status, employment authorization, or other legal benefits. The process is solely intended to ensure compliance with existing law.
Legal Consequences and Warnings Against Immigration Scams
DHS has stated that failure to comply with the Trump alien registration order will result in legal penalties, including criminal prosecution and fines. The agency has warned that enforcement will be prioritized to ensure that all noncitizens fulfill their registration obligations.
Additionally, USCIS urges noncitizens to be cautious of immigration scams and to seek legal assistance only from authorized professionals. The agency has published resources to help individuals avoid fraudulent services that may target those attempting to comply with the law.
More details on the Trump alien registration order and the registration process will be released in the coming days.
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