Enforcement of Alien Registration Requirements Under President Trump's Executive Order

In late January of 2025, President Trump issued the "Protecting the American People Against Invasion" executive order, which has significant implications for non-citizens residing in the United States. This executive order directs the Department of Homeland Security (DHS) to enforce compliance with the alien registration requirements under section 262 of the Immigration and Nationality Act (INA).

Understanding the Registration Requirements

The INA mandates that, with limited exceptions, all non-citizens 14 years of age or older who were not fingerprinted or registered when applying for a U.S. visa and who remain inside the United States for 30 days or longer must apply for registration and fingerprinting. Parents and legal guardians must ensure that children under the age of 14 are registered, and previously registered children must re-register within 30 days after turning 14 years old.

Following registration and fingerprinting, the DHS will issue evidence of registration, which non-citizens over the age of 18 must always carry. Failure to comply with these requirements may result in criminal and civil penalties, including misdemeanor prosecution and fines.

Who Has Already Registered?

Many non-citizens in the United States have already fulfilled their registration requirements. According to the DHS guidelines, individuals who have been issued documents designated as evidence of registration under 8 CFR 264.1(b) have already registered. This includes:

• Lawful permanent residents
• Individuals paroled into the United States under INA 212(d)(5), even if the period of parole has expired
• Non-immigrants issued Form I-94 or I-94W (paper or electronic), even if the period of admission has expired
• Individuals issued immigrant or nonimmigrant visas prior to arrival
• Non-citizens in removal proceedings
• Aliens issued employment authorization documents
• Applicants for lawful permanent residence using Forms I-485, I-687, I-691, I-698, I-700, even if the applications were denied
• Holders of Border Crossing Cards

Who Must Register Now?

The following individuals are required to register:

• Non-citizens 14 years or older who were not registered and fingerprinted when applying for a visa and who remain in the United States for more than 30 days
• Parents and legal guardians of non-citizens under 14 who have not been registered and remain in the United States for 30+ days
• Any non-citizen who turns 14 years old while in the United States, within 30 days after their 14th birthday
• Canadian visitors waived in at land ports of entry and without having fingerprints taken

Registration Process

DHS will soon announce a specific form and process for completing the registration requirement. Beginning February 25, 2025, non-citizens required to register should create a USCIS online account in preparation for this process. Once implemented, individuals will submit their registration through their USCIS online account. Parents and guardians will submit registration applications on behalf of children under 14 years old through the same system.

Important Reminders

• Registration itself does not confer immigration status or employment authorization
• American Indians born in Canada who entered under section 289 of the INA and members of the Texas Band of Kickapoo Indians are exempt from registration requirements
• The DHS emphasizes that no non-citizen will have an excuse for failure to comply with this law

Concerns About Implementation

This executive order has raised significant concerns among immigration advocates and legal experts. Similar registration programs implemented in the past, particularly after 9/11, proved largely ineffective while causing considerable hardship for immigrant communities. There are legitimate concerns that this could create a nationwide “show me your papers” environment that may lead to increased racial and ethnic profiling, placing an unnecessary burden on law-abiding immigrants. The policy risks unintended consequences for U.S. citizens who may be mistakenly targeted, while generating confusion and fear within immigrant communities. Families could potentially be separated if some members face enforcement actions, and limited resources may be diverted away from more effective immigration priorities. The requirement that individuals as young as 14 must register, and that even temporary visitors from Canada would be subject to these rules, has raised particular concern among immigration advocates who worry this could criminalize otherwise law-abiding individuals who may be unaware of these specific requirements.

Our firm is closely monitoring developments related to this executive order and will provide updates as more information becomes available. If you or your family members may be affected by these requirements, we recommend contacting our office to discuss your specific situation and ensure compliance with these new enforcement priorities.