By Brendan Ryan, Esq., Family Immigration & Federal Practice Department Chair
On April 11, 2025, United States Citizenship and Immigration Services began a new program to collect information from immigrants through enforcement and compliance of the “Alien Registration Requirement.” This requirement is not new however, but historically, the federal government has not placed significant emphasis on enforcing registration requirement compliance. However, President Trump issued an executive order in January of this year titled “Protecting the American People Against Invasion” which directed the Department of Homeland Security to ensure strict adherence to the Alien Registration Requirement.
This article aims to provide guidance on who is, and who is not required to register under this directive, what documentation is required to be carried on you at all times, and the consequences of failing to register.
As with all new developments in the immigration context, we can expect further guidance, updates, and litigation to follow on the enforcement of this requirement. As such, this article is not intended to be taken as legal advice, and individualized communication with an experienced immigration attorney is recommended if you have questions about this program.
Who is required to register?
The new directive requires any noncitizen who: entered the United States after April 11, 2025; entered without inspection; and, those not lawfully present in the United States, to register or be subject to possible arrest and fine for a misdemeanor offense. This includes the following classes of individuals:
- Canadian citizens who entered the U.S. at land ports of entry and were not issued evidence of registration (i.e. an I-94).
- Noncitizens who entered the U.S. without inspection and have not otherwise encountered by DHS or do not have a registration document.
- Noncitizens children who turn 14 years old while in the U.S. must register/re-register within 30 days of their 14th birthday.
Who is already considered to be registered?
- Lawful Permanent Residents;
- People paroled into the U.S. under INA § 212(d)(5) – even if the period of parole has expired;
- People admitted to the U.S. as nonimmigrants who were issued an I-94 or I-94W – even if the period of admission has expired;
- People whom DHS has placed into removal proceedings;
- People who have been granted permission to depart without the institution of deportation proceedings;
- People issued an employment authorization document;
- People admitted to the U.S. with a passport admission or parole stamp;
- People who have applied for lawful permanent residency;
- People issued border crossing cards.
Who is exempt from the requirement?
- U.S. Citizens;
- Visa holders who have been already registered and fingerprinted through their application for a visa;
- A visa holders;
- G visa holders;
- Those in the U.S. for less than 30 days;
- American Indians born in Canada possessing at least 50% of blood of the American Indian race, who are present in the U.S. pursuant to 8 U.S.C § 1359.
Documentation for Proof of Registration:
This mandate also requires affected persons to carry proof of registration at all times. The following documentation will satisfy this requirement:
- I-94 or I-94W, arrival-departure record;
- I-95, Crewman’s Landing Permit;
- I-184, Alien Crewman Landing Permit;
- I-185, Nonresident Alien Canadian Border Crossing Card;
- I-186, Nonresident Alien Mexican Border Crossing Card;
- I-221, Order to Show Cause and Notice of Hearing;
- I-221S, Order to Show Cause, Notice of Hearing, and Warrant for Arrest of Alien;
- I-551, Permanent Resident Card;
- I-766, Employment Authorization Document;
- I-862, Notice to Appear;
- I-863, Notice of Referral to Immigration Judge;
- A valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport;
Consequences for failing to register or failing to carry proof of registration:
The DHS has threatened criminal and civil penalties for those who fail to register or carry proof of registration, as follows:
- Noncitizens who are 18 years or older must carry proof at all times of their registration. A willful failure to do so could result in a misdemeanor offense punishable by a fine or up to $5,000, or imprisonment of up to 30 days, or both.
- Noncitizens who are required to register, but willfully fail or refuse to register, could be subject to a fine of up to $5,000, or imprisonment of up to 6 months, or both.
It should be noted that registering with fraudulent documents could lead to criminal charges, as well as the initiation of removal proceedings.
Complying with or failing to comply with registration requirements can both carry significant consequences, depending on your individual circumstances. Failure to register or to carry proof of registration may result in potential fines, imprisonment, or both.
For undocumented individuals who have not previously had contact with immigration authorities, registering may increase the risk of arrest, deportation, or criminal charges related to immigration violations. Assessing these risks is a highly individualized process and should be done in consultation with a competent immigration attorney.
It is important to understand that, under the ethical rules governing legal practice, immigration attorneys cannot advise someone not to register. However, they can explain the potential legal consequences of registering versus not registering to help individuals make an informed decision. Ultimately, the decision whether or not to register rests with the individual.
Please note that this registration requirement does not grant legal immigration status, nor does it create a path to lawful status or any form of immigration relief. It is not a benefit. Registering, submitting fingerprints, or updating address information does not alter a person’s immigration status, and it does not confer any rights, benefits, or authorizations—such as a work permit—under current laws and policies.
It is important to speak to an experienced immigration attorney about this registration requirement. An attorney will be able to help assess individualized costs and benefits to you regarding this requirement, to help guide you in ultimately making a decision in this regard. If you have any questions about this new policy, please feel free to contact Brendan or call our office at (610) 975-4599 to schedule a consultation today.
Be sure to mention this article when reaching out for your consultation.
Reviewed by Natalie M. Richman, Esq., Partner & Removal Defense Department Chair