On January 20, 2025, President Trump issued an executive order titled “Protecting the American People Against Invasion.” This directive mandates the Department of Homeland Security (DHS) to prioritize compliance with the alien registration requirement under Section 262 of the Immigration and Nationality Act (INA), codified as 8 U.S.C. 1302. This move underscores a renewed emphasis on ensuring that all aliens residing in the United States fulfill their legal obligation to register with the government.

What Does the Executive Order Entail?

The executive order is reinforcing the registration obligation for aliens, as stipulated by the Immigration and Nationality Act (INA). This legislation requires that, with specific exceptions, all aliens aged 14 and older who have not been fingerprinted or registered when applying for a U.S. visa and who intend to stay in the country for 30 days or more must register and undergo fingerprinting. Additionally, guardians are responsible for registering children under 14. Upon turning 14, these children must re-register and be fingerprinted within 30 days.

Once registration and fingerprinting (unless waived) are completed, DHS will provide evidence of registration. Aliens over 18 must keep this documentation on their person at all times. Failure to comply with these requirements subjects individuals to civil and criminal penalties, including misdemeanor charges and fines.

Who Is Already Registered?

Many aliens in the United States have complied with registration requirements. Individuals who have been issued documents under 8 CFR 264.1(b) or have submitted forms listed at 8 CFR 264.1(a) with fingerprints have fulfilled their obligations. These include:

Lawful permanent residents.
Aliens paroled into the U.S. under INA 212(d)(5).
Nonimmigrants issued Form I-94 or I-94W, even if their admission period has expired.
Aliens with immigrant or nonimmigrant visas issued before arrival.
Individuals in removal proceedings.
Those who have applied for lawful permanent residence, even if denied.
Holders of employment authorization documents and Border Crossing Cards.

Who Needs to Register?

The registration requirement extends to:

Aliens aged 14 and older who were not registered or fingerprinted when applying for a visa and plan to stay over 30 days.
Guardians of children under 14 who remain in the U.S. for over 30 days.
Individuals turning 14 in the U.S. must re-register within 30 days of their birthday.

Who Is Not Registered?

Individuals who fall into the following categories are considered unregistered:

Aliens present in the U.S. without inspection, admission, or parole.
Canadian visitors entering at land ports without registration evidence.
Applicants for Deferred Action for Childhood Arrivals or Temporary Protected Status without registration evidence.

How to Comply with the Registration Requirement

To facilitate compliance, DHS will announce a new form and process for registration. Starting February 25, 2025, aliens must create a USCIS online account to prepare for registration. Through this account, aliens and guardians will submit registration applications.

Conclusion

The executive order emphasizes the necessity for all aliens to comply with INA 262 requirements. Registration does not confer immigration status, employment authorization, or other benefits under U.S. law. It is crucial for individuals to adhere to these requirements to avoid penalties.

For more information, feel free to reach out to me at cprescott@patellegal.com.