U.S. Alien Registration Requirement: Executive Order 14159 Compliance, Penalties, and How to Register

Magazine, Immigration, USCIS

On January 20, 2025, President Donald Trump issued Executive Order 14159, titled Protecting the American People Against Invasion, which significantly impacted U.S. immigration enforcement. The order directs the Department of Homeland Security (DHS) to prioritize the enforcement of alien registration under Section 262 of the Immigration and Nationality Act (INA). This requirement mandates that most aliens (foreign nationals) in the U.S. register with the government if they remain in the country for 30 days or longer.

The registration process involves providing biographic information and, in most cases, undergoing fingerprinting. Aliens who fail to comply with the registration and fingerprinting requirements face severe penalties, including criminal and civil charges, fines, imprisonment, and deportation.

What Is the Alien Registration Requirement?

Under Section 262 of the INA, aliens aged 14 or older who were not registered or fingerprinted at the time of entry must register with DHS if they remain in the U.S. for more than 30 days. Additionally, parents or legal guardians must ensure that any alien under 14 who has not been registered also meets the requirement.

The INA specifies that:

• Aliens aged 14 and older: Must apply for registration and fingerprinting if they have been in the U.S. for more than 30 days and were not registered or fingerprinted at the time of their entry.
• Parents and legal guardians: Responsible for registering minors under 14 who have not been previously registered.
• Aliens turning 14: Must re-register and provide fingerprinting within 30 days after their 14th birthday if they were previously registered.

Once an alien has registered and attended the fingerprinting appointment (unless waived), DHS issues evidence of registration. Aliens over 18 are required to carry this evidence with them at all times.

Who Is Already Registered?

Several categories of individuals have already met the registration requirement, including:

• Lawful Permanent Residents (LPRs)
• Aliens paroled into the U.S. under INA 212(d)(5)
• Nonimmigrants with Form I-94 or I-94W (paper or electronic)
• Aliens in removal proceedings
• Individuals with employment authorization or pending immigration applications such as Form I-485 (Application to Adjust Status)
• Aliens issued Border Crossing Cards

If you have been issued any of the documents listed above or have provided fingerprints in connection with a previous immigration application, you have already satisfied the registration requirement under the INA.

Who Needs to Register?

If you are not already registered and you meet the following criteria, you must register:

• Aliens 14 years of age or older who were not registered at the time of entry and have been in the U.S. for 30 days or more.
• Parents or guardians of aliens under 14 who have not been registered and who have stayed in the U.S. for 30 days or longer.
• Any alien turning 14 must apply for re-registration within 30 days of their 14th birthday.

Those who entered without inspection, including individuals who crossed the border illegally or entered the U.S. at a land port of entry without documentation, also need to register.

Special exemptions exist for certain individuals, including:

• American Indians born in Canada under Section 289 of the INA
• Members of the Kickapoo Traditional Tribe of Texas
• Aliens entering under certain treaties or specific refugee/asylee categories

The Registration Process

To comply with the alien registration requirement, follow these essential steps:

1. Create a USCIS Online Account:

   • Register for an online account through USCIS. Each alien must have an individual USCIS account, including minors, where parents or guardians will set up accounts on behalf of children under 14.

2. Submit Form G-325R:

   • Form G-325R, Biographic Information (Registration), must be completed online via your USCIS account. This form asks for personal information, including your name, date of birth, and immigration history.
   • It’s crucial to verify whether you’ve already complied with registration. If you were issued Form I-94 or other DHS documentation, you may have already registered.

3. Biometric Appointment:

   • If required, DHS will schedule a biometric services appointment to collect fingerprints and photographs. Failure to attend the appointment could lead to penalties, including fines or potential deportation.

4. Receive Registration Documentation:

   • Once registered and fingerprinted (if applicable), USCIS will issue a Proof of Registration, which must be carried at all times by individuals 18 years or older.

Penalties for Noncompliance

Failure to comply with the alien registration requirement can result in serious legal consequences:

• Civil and Criminal Penalties: Noncompliance may lead to misdemeanor charges, fines up to $5,000, imprisonment for up to 6 months, or both.
• Failure to Carry Registration Evidence: Aliens 18 years and older who fail to carry proof of registration face fines of up to $5,000 or up to 30 days imprisonment, or both.
• Failure to Update Address: Aliens must notify USCIS of any address change within 10 days. Failure to comply could result in additional fines, possible deportation, and could impact future immigration status.

Executive Order 14159: Ensuring Compliance

Executive Order 14159, issued by President Trump, emphasizes the enforcement of this registration requirement. Section 7 of the Executive Order directs the Secretary of Homeland Security to prioritize the identification of unregistered aliens and take immediate action to ensure compliance. The order also mandates that information regarding registration obligations be widely publicized to prevent noncompliance.

How to Avoid Penalties

If you have not yet registered, it is crucial to:

• Register within 30 days of staying in the U.S. for more than 30 days.
• Submit Form G-325R online via your USCIS account.
• Attend biometric appointments (if required).
• Carry your registration evidence at all times once issued.
• Report any address changes to USCIS within 10 days of moving.

If you have already registered or re-registered and received evidence, you are not required to submit Form G-325R again.

Final Thoughts

The alien registration requirement is a key part of U.S. immigration law, and the recent Executive Order ensures that noncompliance will be a focus of enforcement in the coming years. It is crucial for all aliens in the U.S. who have not yet registered to comply with the law to avoid penalties and ensure their immigration status remains in good standing.

By completing the necessary steps and filing the required forms through the USCIS online portal, aliens can meet their legal obligations and continue to reside in the U.S. without facing significant legal risks. If you are unsure of your registration status, it is recommended to seek guidance from a qualified immigration attorney to ensure compliance and avoid potential penalties.

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