On February 25, 2025, the U.S. Citizenship and Immigration Services (USCIS) announced a new alien registration requirement, mandating that many foreign nationals in the United States register online and undergo fingerprinting. Additionally, individuals over the age of 18 must carry proof of registration at all times. This directive stems from President Trump’s January 20, 2025, executive order, “Protecting the American People Against Invasion,” which calls for compliance with a long-standing but rarely enforced 1952 statute.

Registration Requirements and Exemptions

The new rule applies to foreign nationals who remain in the U.S. for more than 30 days and were not inspected and lawfully admitted upon entry. This includes certain Canadian visitors, Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) applicants without an employment authorization document (EAD), and other undocumented individuals. Those subject to registration must comply within 30 days of their arrival or, for minors, within 30 days of turning 14.

However, several categories of immigrants are exempt, including lawful permanent residents, nonimmigrants issued an I-94 form, individuals granted parole into the U.S., visa holders, those in removal proceedings, and individuals with an EAD.

The new alien registration requirement does not apply to H-2A workers, as they are lawfully admitted into the U.S. with a nonimmigrant visa and issued Form I-94 upon entry. USCIS has clarified that individuals who were inspected and admitted, or who were issued nonimmigrant visas prior to arrival, are already considered “registered” under this rule. However, H-2A employers should remind their workers to carry proof of their legal status at all times, such as their passport, visa, and I-94 form, to comply with the requirement for foreign nationals over 18 to possess evidence of registration.

Enforcement and Compliance Risks

Failure to comply with the registration and proof of legal status requirements could lead to civil and criminal penalties, including misdemeanor prosecution and fines. The order also emphasizes that failure to carry proof of registration could result in enforcement actions, potentially increasing arrests and deportations by Immigration and Customs Enforcement (ICE).

The Department of Homeland Security (DHS) is expected to release a form and procedure for non-citizens to fulfill the registration requirement. In preparation, non-citizens must create a USCIS online account. Once the registration system is in place, individuals will be able to submit their registrations, and parents or guardians can complete the process for children under 14 through their USCIS accounts.