Executive Order Reinterprets Registration Requirements Under INA

On January 20, 2025, President Trump issued Executive Order 14159, titled “Protecting the American People Against Invasion,” which directed the Department of Homeland Security (DHS) to ensure that all aliens comply with their duty to register with the federal government under Immigration and Nationality Act (INA) § 262.

INA § 262 stipulates the following requirements for alien registration and fingerprinting:

All aliens age 14 and older who were not registered or fingerprinted when applying for a U.S. visa, and who remain in the U.S. for 30 days or longer, must register prior to the expiration of the 30-day period.
Minor children below age 14 who have not been registered and remain in the U.S. for 30 days or longer must be registered by their foreign national parents or guardians prior to the expiration of the 30-day period.
Any alien, whether previously registered or not, must register or re-register within 30 days of turning age 14.

Failure to comply with this requirement may result in civil or criminal penalties, up to and including misdemeanor prosecution and fines, and there is no excuse for non-compliance.

Individuals who are already considered registered include the following:

Lawful permanent residents.
Aliens paroled into the U.S., even if the period of parole has expired.
Aliens admitted to the U.S. as nonimmigrants who were issued Form I-94 or I-94W (paper or electronic), even if the period of admission has expired.
All aliens present in the U.S. who were issued immigrant or nonimmigrant visas prior to arrival.
Aliens whom DHS has placed into removal proceedings.
Aliens issued an employment authorization document.
Aliens who have applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, I-700, even if the applications were denied.
Aliens issued Border Crossing Cards.

On February 25, 2025, USCIS advised that it will issue a new form to facilitate compliance with the alien registration requirement. Aliens should create an online USCIS account in preparation of the release of this new form, as the registration process will be completed entirely online.

To ensure compliance prior to the issuance of additional guidance on this new process, aliens who have not been previously registered should closely track the number of days they spend in the U.S., as well as the 14th birthdays of any minor children, to avoid penalties from the federal government.

Additional Assistance

For more information, please contact a member of our Immigration Practice Team or the Phillips Lytle attorney with whom you have a relationship.