New Registration Requirement: What Immigrants Need to Know

The U.S. Department of Homeland Security (DHS) has announced a new registration process that could impact millions of immigrants currently living in the United States. This announcement followed an executive order directing DHS to ensure that unregistered noncitizens comply with registration requirements. Failure to comply may result in civil or criminal penalties.

It is essential for all immigrants—whether undocumented, in removal proceedings, or holding legal status—to understand these new rules and how they may apply to them. Staying informed can help protect your rights and prevent legal complications. Below, we provide a breakdown of the new registration process.

When Will the Registration Process Start?

At this time, DHS has only announced the new registration policy, but the actual process and timeline for compliance have not yet been released. DHS is expected to provide further details on how and when individuals will need to register.

Until then, we share this information to help you stay informed and prepared. It is crucial to regularly check USCIS.gov for official updates and instructions.

What is the Legal Authority for Registration?

The registration process comes from a very old law: the Alien Registration Act of 1940. It requires that all noncitizens over the age of 14 register with the federal government within 30 days of their arrival.

Over time, the registration process became outdated as it gradually merged with the immigration process. As a result, only individuals applying for immigration benefits or processed for deportation were formally registered or issued registration documents. This change made it impossible for undocumented individuals to register unless they were actively engaged in the immigration system.

DHS intends to create a new process that will require registration of noncitizens who are residing in the U.S. but are not yet registered under existing procedures.

Who Will be Required to Register under the New Process?

The following groups will be required to register with the government under the new process:

• Noncitizens aged 14 or older who were not registered and fingerprinted (if required) when applying for a visa to enter the U.S. and who remain in the country for 30 days or more.
• Parents or legal guardians of noncitizens under the age of 14 who were not registered
  and remain in the U.S. for 30 days or more.
• Any noncitizen who turns 14 while in the U.S., regardless of prior registration status. They must register within 30 days of their 14th birthday.

Who Will NOT be Required to Register?

Federal regulations specify a list of forms and documents that are deemed sufficient for registration. The following groups of noncitizens with these documents or status are already considered registered, and will not be required to complete the upcoming registration process:

• Lawful permanent residents (including conditional permanent residents)
• Individuals issued immigrant or nonimmigrant visas prior to arriving in the U.S.
• Nonimmigrants admitted to the U.S. who were issued arrival documents (Form I-94 or I-94W), paper or electronic, even if they overstayed
• Nonimmigrants issued border crossing cards
• Noncitizens paroled into the U.S. under INA § 212(d)(5), even if their parole period has expired
• Individuals issued a work permit (including for DACA, TPS, and pending asylum applications)
• Noncitizens placed in deportation proceedings
• Applicants for adjustment of status (Form I-485) if they have been fingerprinted (unless waived)
• Applicants who filed Form I-590, I-687, I-691, I-698, I-700, and I-817 and were fingerprinted (unless waived)

Many individuals, including millions without legal status, are already considered registered, such as those who have received work permits or have been placed in deportation proceedings. However, they may be required to carry proof of their registration to prevent potential criminal penalties.

Who is NOT Considered Registered?

The following groups are not considered registered and will be required to register under the new process:

• Noncitizens who entered without inspection and have not been given evidence of registration, such as a work permit
• Canadians who entered the U.S. at a land port of entry and were not issued registration documents, such as an arrival record or visa
• Applicants who filed for certain immigration benefits and were not given evidence of registration, including DACA applicants or TPS holders who were not issued a work permit

How Will the Registration Process Affect Immigrants?

The registration process is expected to have two significant consequences. First, the most immediate impact will be on immigrants who are not already classified as registered. Unauthorized immigrants who are not currently registered—including individuals who entered the U.S. without inspection and have never had any formal interaction with the federal government—will now find themselves in a particularly vulnerable position. If they decide to submit the required form to the federal government once it becomes available, they may face the possibility of being placed in removal proceedings. Conversely, those who choose not to submit the form could face potential criminal prosecution.

Second, the policy raises concerns that the government will aggressively prosecute individuals –regardless of legal or registration status—for not carrying evidence of registration with them at all times.

What Should Immigrants Do to Prepare?

As DHS moves forward with implementing this policy, it is crucial for noncitizens to understand whether they are already registered and what actions they may need to take. While DHS has yet to release specific registration details, immigrants can take steps now to stay ready. Gather important documents, such as identification, past immigration records, and proof of residence, in case they are needed for registration. Stay informed by regularly checking for updates on USCIS.gov. Consult with an immigration attorney to understand how this policy may affect your situation.

If you are unsure of your status under these new rules, our team at Chavez & Valko is here to help.