DHS Mandates Alien Registration Nationwide

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APPLIES TO

Certain Foreign Nationals

EFFECTIVE

As Indicated

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  • With limited exception, foreign nationals must register with USCIS, if they have not already done so through their immigration or visa process, within 30 days of entry if they remain in the U.S. for 30 days or longer.
  • Additional fingerprinting requirements apply to foreign nationals who are 14 years old and older.
  • All registered noncitizens over 18 years old must carry proof of registration at all times.

Discussion:

The Department of Homeland Security (DHS) published an Interim Final Rule titled “Alien Registration Form and Evidence of Registration” on March 12, 2025, effective April 11, 2025. The rule relies on the 1952 Immigration and Nationality Act (INA), which can be traced back to World War II and the Alien Registration Act of 1940 (Smith Act). The INA defines “alien” as any person not a citizen or national of the United States (i.e., foreign national). The INA requires: (1) foreign nationals to register and, in most cases be fingerprinted, within 30 days of entry if remaining in the U.S. for 30 days or longer; and (2) all registered foreign nationals over 18 years old to carry proof of registration at all times. Failure to comply may result in fines up to $5,000 or six months in jail.

 

The Interim Final Rule also partially implements Section 7 of Executive Order 14159 which directs the Secretary of DHS, the Secretary of State, and the Attorney General to take all appropriate action to: (1) immediately announce and publicize information about the legal obligation of all previously unregistered foreign nationals in the U.S. to comply with the INA’s alien registration requirements; (2) ensure compliance with the alien registration requirements; and (3) ensure that failure to comply with the requirements is treated as a civil and criminal enforcement priority.

 

The Interim Final Rule now resurrects the long-dormant INA as an enforcement tool. As a result of this shift, the following people are subject to alien registration requirements:

 

  • Foreign nationals, regardless of age, who remain in the U.S. for 30 days or longer must register prior to the expiration of those 30 days.
    • All foreign nationals, regardless of previous registration, must register within 30 days after their 14th
    • All foreign nationals 14 years of age or older who were not registered and fingerprinted (if required) when applying for a U.S. visa must apply before the expiration of 30 days if remaining in the U.S.
    • Parents and legal guardians are responsible for registering foreign national children under 14 years of age who were not registered when applying for a U.S. visa and must apply before the expiration of 30 days if remaining in the U.S.
  • Foreign nationals who are present in the U.S. without inspection and admission or parole and have not yet registered.
  • Canadian visitors who entered the U.S. at land ports of entry and were not issued evidence of registration.
  • Foreign nationals who submitted applications to U.S. Citizenship and Immigration Services (USCIS) that are not identified as alien registration forms under 8 C.F.R. 264.1(a), such as applications for Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS).

 

A new alien registration Form G-325R (Biographic Information – Registration) is available for submission through the USCIS website. DHS will issue a Proof of Alien Registration document which noncitizens over age 18 must carry at all times. When completing the new form, applicants will need to schedule a mandatory biometrics appointment with the USCIS Application Support Center to submit fingerprints, photographs, and signatures for identity verification.

 

Certain foreign nationals may already be registered through immigration processes, such as lawful permanent residents (e.g., Form I-551) or those with visas; those who were issued Form I-94 or I-94W, employment authorization documents (e.g., Form I-766), or Border Crossing Cards; those who have applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, or I-700; and those who the DHS “paroled” into the U.S. or placed into removal proceedings. Foreign nationals should review the current rules to determine their registration status.

 

The comment period for the Interim Final Rule closed on April 11, 2025 and is expected to be adopted into a final rule. It is important to note that alien registration does not confer work authorization status. Although this rule does not implement direct requirements on employers, it may impact employer workforces. The rule is part of this Administration’s larger focus on deportations and employers need to be prepared for increased scrutiny of their workforces, including audits and enforcement actions.

 

Action Items

  1. Read the Interim Final Rule here.
  2. Conduct regular, periodic internal audits for Form I-9 compliance.

 

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2025 ManagEase