What You Need to Know About the New Alien Registration Requirement

The Department of Homeland Security (DHS) recently implemented a mandatory Alien Registration Requirement (ARR) for many noncitizens living in the United States. This new initiative, administered by U.S. Citizenship and Immigration Services (USCIS), requires affected individuals to submit detailed personal and background information to the federal government. The program is based on Immigration and Nationality Act (INA) § 262, and failure to comply may result in criminal and civil penalties.

Please keep in mind that there are serious potential legal consequences for complying and for not complying. As always, this blog post is not legal advice, and is intended to provide information on the current legal requirement and consequences of actions to help you make an informed decision of how to proceed. All noncitizens consult an experienced immigration attorney before taking action.

Who Is Subject to the Alien Registration Requirement?

Under INA § 262, certain noncitizens are required to register with the federal government. The Alien Registration Requirement is based on this statute and applies to certain individuals who are not U.S. citizens or lawful permanent residents (green card holders). More specifically, the alien registration requirement guidance indicates that the following groups of foreign nationals are required to register:

• Foreign nationals aged 14 or older who were not registered and fingerprinted when applying for a visa to enter the United States and who remain in the United States for 30 days or longer. They must register before the expiration of the 30 days;
• The parents or guardians of foreign nationals younger than age 14 must register the child if they have not previously been registered and if they remain in the U.S. for 30 days or longer, before the expiration of the 30 days; and
• Any foreign national, whether they have previously registered or not, who turns 14 years old in the U.S., within 30 days after their 14th birthday.

Who Has Already Complied with the Alien Registration Requirement?

You may refer to this website for a specific list of groups of individuals who are already registered. In general, these groups of individuals include:

• Lawful permanent residents (green card holders);
• Foreign nationals admitted to the U.S. as nonimmigrants (temporary visa classifications) who were issued Form I-94, even if the period of stay has already expired;
• Individuals in the United States who had been issued immigrant or nonimmigrant visas before their most recent arrival;
• Foreign nationals in removal proceedings;
• Foreign nationals who have been issued an employment authorization document;
• Foreign nationals who have applied for permanent residence and who have provided fingerprints (even if the application was denied); and
• Foreign nationals issued border crossing cards.

Who Is Not Yet Registered Under the Alien Registration Requirement?

Foreign nationals present in the U.S. who have not been registered include the following:

• Foreign nationals who entered the U.S. without inspection (i.e. who entered the U.S. without a visa or other legal documentation to enter the U.S.);
• Canadian visitors who entered the U.S. at land ports of entry and were not issued evidence of registration; and
• Foreign nationals who submitted a benefit request to USCIS, including applications for deferred action, or Temporary Protective Status, who were not issued evidence of registration.

If you are required to register, DHS may require you to submit:

• Biographic data
• Immigration status and history
• Information about entry and presence in the U.S.
• Details about criminal or immigration violations (if any)

USCIS provides updates and guidance on its Alien Registration page.

What Are the Consequences of Not Meeting the Alien Registration Requirement?

Failing to comply with the ARR could lead to serious consequences, including:

• Criminal prosecution under federal law
• Fines or imprisonment for failing to meet the registration requirement
• Removal proceedings or expedited removal for individuals found to be unlawfully present
• Detention by immigration authorities

These penalties underscore the importance of understanding the requirement and the potential legal implications of noncompliance.

What Happens If You Do Comply With the Alien Registration Requirement?

While complying with the ARR may help avoid criminal charges for failure to register, doing so can also create risks:

• Self-incrimination: Registrants may provide information that could be used against them in future immigration or criminal proceedings.
• Risk of removal: Registrants who disclose that they are out of status or have committed certain immigration violations may be placed into removal proceedings.
• Detention: Some registrants could be detained during or after the registration process.

Because the registration process includes questions about legal status, manner of entry, and prior criminal history, noncitizens should proceed cautiously and make sure they fully understand the possible outcomes both of registration, and of choosing not to register.

What Should Noncitizens Do?

We encourage noncitizens to:

1. Stay informed about DHS requirements and timelines.

2. Consult an immigration attorney to discuss how the ARR may impact their specific situation.

3. Ask about potential criminal law implications, and if necessary, speak with a criminal defense attorney.

4. Seek guidance from legal counsel rather than relying on assumptions, fear, or online rumors.

Ultimately, each individual’s situation is different, and decisions about compliance should be made with the benefit of competent legal counsel. The ARR page has additional information about requirements for carrying evidence of registration at all times, and address change requirements. In addition, keep in mind that if a foreign national registers, that does not give them any immigration status or benefit that they do not already have.

The information on this page is current as of the date of publication (April 11, 2025) but is subject to change.

If you are not yet a Sumner Immigration Law client and you’re looking for an experienced, empathetic, and efficient team to help you navigate the process with confidence, please contact us today to set up your initiation consultation to get the process started! You can set an appointment online. You can also call us at 804-214-7870 or send us an email at info@sumnerimmigration.com. We are immigration lawyers in Richmond, VA but we serve clients throughout the U.S. and around the world. For more information on our firm visit Who We Are and What Makes Us Different! We look forward to hearing from you!

As always, the above information is for educational purposes only and is not legal advice. Please speak with a qualified immigration lawyer before taking action.