The U.S. Department of Homeland Security (DHS) yesterday rolled out new rules for alien registration, and many non-citizens are concerned that these rules apply to them, particularly non-citizens who are here illegally.
We expect DHS to fully put these regulations into practice soon. If you’re a non-citizen living in the U.S., it’s critical to know about these changes and be informed of possible hefty fines or even jail time.
Who Needs to Register under the New Alien Registration and Fingerprint Requirement?
- Aliens aged 14 and older who stay in the U.S. for 30 days or more must register.
- Parents or guardians must register children under 14.
- Previously registered children must re-register within 30 days of turning 14.
How Do I Comply with the Alien Registration and Fingerprinting Requirements?
Although these new rules under 8 CFR 264 haven’t yet been put into full effect, here’s what DHS has said about how to register and get fingerprinted:
- Create an Account: Start by creating an account on the myUSCIS portal.
- Fill Out Form G-325R: Complete the new registration form, which is free.
- Attend a Biometrics Appointment: Go to a USCIS Application Support Center (ASC) to give your fingerprints, photo, and signature.
- Carry Proof of Registration: Once you’ve registered, you’ll get a “Proof of Alien Registration” document. If you’re 18 or older, you must carry this document at all times.
Who Is Already Registered under the DHS fingerprinting requirements?
The new rules do not apply to those who have already registered. This includes:
- Lawful Permanent Residents: Those with a Green Card.
- Aliens with Form I-94 or I-94W: Arrival/Departure Record, even if the period of admission has expired.
- Aliens with Visas: Those who were issued a visa before arrival.
- Employment Authorization Document (EAD) Holders: Those with work permits.
- Border Crossing Card Holders: Those who have a Border Crossing Card.
- Paroled Aliens: Those paroled into the U.S. under INA 212(d)(5), even if the period of parole has expired.
What Happens If You Don’t Follow the Alien Registration and fingerprinting requirements?
In general, the criminal and civil penalties for failure to follow these requirements will not apply unless the failure is willful or intentional.
Willful failure to register means knowingly choosing not to follow the rules. This could include:
- Not Registering: Deciding not to register even though you know you should.
- Giving False Information: Providing false details during registration.
- Not Carrying Documents: Choosing not to carry your registration proof.
Penalties For Failure to Register
If you don’t follow these rules, you could face serious consequences:
- Fines: Up to $5,000.
- Jail Time: Up to six months in jail.
- Misdemeanor Charges: Noncompliance is treated as a misdemeanor, which can lead to fines and jail time.
Where To Find More Information on the New Alien Registration Rules
For more information, these expanded DHS rules can be found at INA 264 and 8 CFR 264 and at https://public-inspection.federalregister.gov/2025-03944.pdf.
If you think these new immigration rules might apply to you, reach out to us today for a legal consultation. Our team of skilled immigration defense lawyers is not just here to help make sure you’re on the right side of the law, but also figure out your options to get and keep your legal status.