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NEW Alien Registration Requirement!
On January 20, 2025, President Trump issued Executive Order 14159, Protecting the American People Against Invasion, which directed the Department of Homeland Security to ensure that aliens comply with their duty to register with the government under section 262 of the Immigration and Nationality Act (INA) (8 U.S.C. 1302), and ensure that failure to comply with the registration requirement is treated as a civil and criminal enforcement priority.
Then, on March 12, 2025, DHS announced that it would be publishing an Interim Final Rule (IFR) requiring certain individuals to register their presence and provide their fingerprints if they are in the U.S. for 30 days or more. Meanwhile, an advanced copy of the IFR was published on March 7, 2025 provides us with some key details.
Key Takeaways:
- Those with children in the U.S. as nonimmigrants must be mindful that their children will need to register and appear for fingerprinting within 30 days of turning 14 years old.
- Canadians entering the U.S. for business purposes for 30 days or more, must take action to register.
Who is exempt from this Registration requirement?
- Visa holders who have already registered and been fingerprinted through their application for a visa.
- A visa holders.
- G visa holders.
- Those in the U.S. for less than 30 days.
- If an LPR is outside of the U.S. when he turns 14, the individual must apply for registration and provide a photograph within 30 days of return.
- American Indians born in Canada who possess at least 50% blood of the American Indian race who are present in the U.S. under the authority of 8 USC 1359.
What needs to be done and what are the potential penalties?
1.Register and provide fingerprints; AND
- Penalty is a fine of up to $5,000, imprisonment up to 180 days, or both; fraudulent registration constitutes grounds of deportability
2.Carry evidence of compliance if one is age 18 or over; AND
- Penalty is a misdemeanor with a fine of up to $5,000, imprisonment for not more than 30 days, or both.
3.Notify the Department of Homeland Security in writing of each change of address within 10 days of moving.
- Penalty is a misdemeanor with a fine of up to $5,000, imprisonment for not more than 30 days, or both.
As more information becomes available, we will let you know. If you have any questions ore require more details about this developing program and its requirements, please fee free to reach out and schedule a consultation with one of our attorneys.
Source: Alien Registration Requirement
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