Aliens residing in the United States are required to register within 30 days. Lets learn more!

US Immigration Registration Regulation: Immigrants in the United States who do not possess their identification and immigration documents may incur penalties. The administration under Donald Trump is now implementing a regulation that mandates anyone residing in the US for over 30 days to register with the government and carry their registration documentation at all times for potential inspections.

This stricter regulation took effect on April 11, following a federal judge's dismissal of a legal challenge against it on April 10.

While individuals holding Green Cards and valid work or study visas are already registered with the government, legal experts advise that they should also carry their documents due to the intensified scrutiny of immigrants.

According to the US Citizenship and Immigration Services (USCIS) website, “All aliens aged 18 and over in the United States who are required to register under INA 262, including those utilizing this new process, must possess evidence of their registration at all times.”

What is the US rule regarding mandatory registration? In a statement released on April 11, the US Department of Homeland Security (DHS) stated, “Today, DHS Secretary Kristi Noem reminded all foreign nationals present in the United States for more than 30 days that the deadline to register under the Alien Registration Act is approaching on April 11. This law mandates that all aliens in the US for over 30 days register with the federal government. Noncompliance is considered a crime, subject to fines, imprisonment, or both.”

The statement further emphasized, “President Trump and I convey a clear message to those residing in our country unlawfully: depart immediately. If you leave now, you may have the chance to return and experience our freedoms and pursue the American dream,” stated Secretary Noem. Essentially, the Trump administration is enforcing compliance with a long-standing regulation that has seen infrequent enforcement since World War II.

According to the USCIS website, the Immigration and Nationality Act (INA), specifically section 262, stipulates that all non-citizens aged 14 and older who have not been registered and fingerprinted (if necessary) during their application for a U.S. visa, and who remain in the United States for 30 days or more, are required to apply for registration and fingerprinting. Additionally, parents and legal guardians of non-citizens under 14 years of age must ensure their registration. Furthermore, all previously registered non-citizens must apply for re-registration and fingerprinting within 30 days of their 14th birthday.

During his campaign, one of Donald Trump's key pledges was to intensify efforts against illegal immigration. Shortly after taking office, on January 20, he issued Executive Order 14159, titled "Protecting the American People Against Invasion," which mandated the Department of Homeland Security (DHS) to rigorously enforce the registration requirement. Noncompliance with this registration mandate was designated as a priority for both civil and criminal enforcement.

This executive order faced legal challenges from several non-profit organizations, including the Coalition for Humane Immigrant Rights Los Angeles (CHIRLA), United Farmworkers of America, Make the Road New York, and CASA. The plaintiffs contended that the directive was implemented without public notice or the opportunity for public comment. They argued that the rule places individuals who entered the U.S. unlawfully—often to escape dire situations or to reunite with family—into a vulnerable position, forcing them to either reveal their status to an administration that is inclined to deport them or to live in constant fear of being discovered.

However, the federal court dismissed their case, ruling that the plaintiffs lacked the standing to contest the regulation. The court stated, "As organizations, many of their claimed harms are too speculative, and they have not demonstrated that the Rule will undermine their fundamental missions."

The USCIS has released a list detailing the categories of individuals who are already registered. This list includes: "Lawful permanent residents; Aliens paroled into the United States under INA 212(d)(5), regardless of whether their parole period has expired; Aliens admitted to the United States as nonimmigrants who received Form I-94 or I-94W (in either paper or electronic format), even if their admission period has lapsed; All aliens present in the United States who were granted immigrant or nonimmigrant visas prior to their last arrival date; Aliens currently undergoing removal proceedings as designated by DHS; Aliens who have been issued an employment authorization document; Aliens who have submitted applications for lawful permanent residence using Forms I-485, I-687, I-691, I-698, I-700, and have provided fingerprints (unless waived), even if their applications were denied; and Aliens who have been issued Border Crossing Cards."

For Indian immigrants, those who entered the United States legally may fall under one or more of these categories.

Conversely, individuals who are not registered include: "…aliens who entered the country unlawfully; Canadian visitors who accessed the United States at land ports without receiving evidence of registration; and Aliens who have submitted one or more benefit requests to USCIS that are not specified in 8 CFR 264.1(a), including applications for deferred action or Temporary Protected Status, who did not receive the registration evidence outlined in 8 CFR 264.1(b)."

For these unregistered individuals, the USCIS "has introduced a new form, G-325R, Biometric Information (Registration), along with an online process that allows unregistered aliens to register and adhere to legal requirements," failing which they may face fines and imprisonment.

It is crucial to understand that registration does not provide any additional advantages. According to the USCIS website, "Registration does not equate to an immigration status, and the documentation of registration does not establish immigration status, grant employment authorization, or confer any other rights or benefits under the INA or any other U.S. law."