Registration: What Noncitizens Need to Know

By Kaylee Nguyen, Legal Intern, and Ariel Rawls, Attorney

On January 20, 2025, President Trump signed the Protecting the American People Against Invasion executive order. This order directs the Department of Homeland Security (DHS) to ensure non-citizens comply with the registration requirements under Section 262 of the Immigration and Nationality Act (INA). DHS has since published an “interim final rule” to implement the executive order, set to take effect on April 11, 2025. The rule proposes a new forms-based system for non-citizens to register with the U.S. government.

            The United States’s noncitizen registration statute has long been on the books, but it has been dormant for years. In the early 2000s, a similar system to what is now being proposed was implemented, known as the National Security Entry-Exit Registration System (NSEERS). NSEERS was harshly criticized by immigration advocates and the legal community for being discriminatory, resulting in its abandonment in 2011. The executive order and the corresponding interim rule seek to bring back and toughen these registration requirements and expand their reach to ensnare a significant percentage of undocumented people residing in the United States.

What Does the Executive Order Say?

The executive order calls for stricter enforcement of the registration requirement, promising severe consequences for those who do not comply with it. Non-citizens who fail to register could face fines, prosecution, or deportation. The order directs DHS to prioritize enforcement, treating non-compliance as both a civil and criminal issue.

Who Must Register?

  • Non-citizens aged 14 or older who were not registered and fingerprinted (if required) when applying for a U.S. visa or other immigration benefit and who remain in the United States for 30 days or more.
  • Parents or guardians are responsible for registering children under 14. Once a child turns 14, they must re-register and provide fingerprints.
  • DHS will issue evidence of registration that noncitizens over the age of 18 must carry at all times.

Who is Already Registered?

According to DHS’s rule, the following categories of noncitizens are considered registered:

  • Lawful permanent residents (green card holders);
  • Noncitizens who have been issued an employment authorization document;
  • Noncitizens paroled into the United States, even if the period of parole has expired;
  • Noncitizens who were issued immigrant or nonimmigrant visas before their last date of arrival;
  • Noncitizens in removal proceedings;
  • Noncitizens who have applied for lawful permanent residency and providing fingerprints (unless waived), even if the applications were denied; and
  • Noncitizens who were issued Border Crossing Cards.

What Could Happen

If You Do Register:

If you are required to register and do register, you will receive proof of your registration from DHS, which you must carry with you if you are 18 years of age or older. This shows that you have fulfilled your legal obligations, and you should not face penalties for non-compliance, but, as indicated below, you could face other consequences.

Depending on your current status in the United States, coming forward to register could prompt further action by DHS. If you have concerns about your status or whether you need to register, it’s a good idea to consult with an immigration attorney to understand your options.

If You Don’t Register:

Failing to register could result in fines, criminal prosecution, or being placed into removal proceedings. Specifically, noncitizens who willfully fail to register or be fingerprinted may be fined up to $5,000 and/or imprisoned for up to six months. This applies as well to parents and legal guardians who willfully fail to register minors under 14 years of age. If a non-citizen submits a registration application with false information, they may be subject to criminal prosecution and, if so convicted, subject to deportation from the United States.

Legal Challenges and Risks

It’s important to note that, unless enjoined by a court, DHS’s interim final rule takes effect on April 11, 2025. Several organizations, including the American Immigration Lawyers Association (AILA), have filed lawsuits against the rule, arguing that it is unlawful. You can read more about AILA’s legal challenge here. In light of these lawsuits, it is still unclear whether the rule will be enforced as written and what the new application process for registration will be.

Our team at GYH is closely monitoring these developments and will keep its clients informed of the impact on their cases. If you have concerns about your status or need advice concerning these registration requirements, we recommend consulting with an immigration attorney.

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