Alien Registration Requirement
On March 11, 2025, the Department of Homeland Security (DHS) published an interim final rule which will take effect on April 11, 2025.
The Rule requires non-US citizens residing in the US to be registered with the DHS. Registration provides personal information such as fingerprints and a home address. The rule provides both civil and criminal enforcement for foreign nationals who fail to comply.
Numerous foreign nationals are considered to have already registered as part of their past or ongoing immigration process. This includes nonimmigrant visa holders who were fingerprinted for their visa application, some employment authorization recipients, and green card holders.
Notably considered not to have already registered are Canadians who entered the US at a land port of entry and were not issued an I-94 and children under 14 who were not registered upon visa application (whose parents are now directed to register them). Additionally, the primary targets of the registration: foreign nationals who entered the US without inspection and foreign nationals who applied for certain benefit programs (including DACA and TPS) and do not possess any of the documents listed here.
Individuals who are required to register are directed to Create a USCIS Online Account, Submit Form G-325R, and attend a scheduled appointment for biometrics collection. Individuals who complete this process will receive registration documentation which they are required to carry.
Individuals who are deemed to have already registered are required to carry documentation (as outlined with specificity in the rule) to evidence this. All foreign nationals are required to notify the DHS of a change of address within ten days of moving.
Foreign nationals should review carefully the Rule to determine if they are registered, or if they or a family member need to register.
Foreign nationals who are not in a lawful status should consult with immigration counsel about the implications of registration.
Foreign nationals should also monitor this situation as litigation that may delay, change, or stop enforcement of this Rule is anticipated.
Please note that this Rule is the subject of a lawsuit, and thus its future is uncertain. This lawsuit was filed on 03/31/2025 in the U.S. District Court for the District of Columbia in Washington, D.C. by the American Immigration Council, the American Civil Liberties Union’s Immigrants’ Rights Project, the American Immigration Lawyers Association, the National Immigration Law Center, RFK Human Rights, and CASA. Plaintiffs are Coalition for Humane Immigrant Rights, United Farm Workers of America, CASA, and Make the Road New York.
The lawsuit challenges the manner in which the rule was issued. DHS issued the rule as a “procedural rule” which bypasses the normal requirement to solicit and address public comments before the rule is enacted. The lawsuit contends that the rule is not procedural since it burdens and otherwise affects millions of people and is otherwise unlawful since it is confusingly written and chaos-inducing.
Law Office of Adrienne J. Vaughan LLC will provide updates as this litigation continues.