Understanding the New Alien Registration Requirement: A Comprehensive Guide

The U.S. immigration system underwent a major shift with the issuance of Executive Order 14159 on January 20, 2025. This order revives and enforces the long-dormant Alien Registration Requirement (ARR), effective April 11, 2025. Below, we provide a detailed overview of the policy, including its legal origins, compliance requirements, and implications for various immigrant groups.

Executive Order 14159: A Renewed Focus on Immigration Enforcement

On January 20, 2025, President Trump signed Executive Order 14159, titled “Protecting the American People Against Invasion.” The order directs the Department of Homeland Security (DHS) to enforce Section 262 of the Immigration and Nationality Act (INA), which requires certain non-citizens to register with the federal government.

While the executive order took immediate effect, the U.S. Citizenship and Immigration Services (USCIS) began formal enforcement of the ARR on April 11, 2025, following the publication of an Interim Final Rule (IFR) on March 12. The rule mandates that non-citizens aged 14 and older who remain in the U.S. for more than 30 days must register and carry proof of registration. Enforcement carries both civil and criminal consequences.

Historical Background: From Dormant Law to Active Enforcement

The ARR is not a new policy. It stems from the Alien Registration Act of 1940, which required all non-citizens to register with the government. Over the decades, its enforcement has been inconsistent, shaped by changing political climates and administrative priorities. Though the statutory requirement remained in place, it has largely been considered inactive. Executive Order 14159 signals a decisive shift, directing DHS to actively prioritize ARR enforcement.

Compliance Overview: Who, What, When, and How

The ARR applies to most non-citizens aged 14 and older who remain in the U.S. for more than 30 days. Covered individuals include undocumented immigrants, visa holders (e.g., H-1B, F-1, B-1/B-2), and lawful permanent residents who have not previously registered. Parents or guardians must also register qualifying children under 14.

Key Compliance Details

Applicants must create a USCIS online account and submit Form G-325R, which collects biographical and address history. A biometrics appointment is generally required, except for minors under 14 and most Canadians. A $30 biometrics fee is under consideration. Adults must carry the Alien Registration Receipt Card, which will be issued by DHS after registration and fingerprinting appearance, at all times.

Impact by Immigration Status

The ARR affects different immigration groups in varying ways:

• Undocumented Immigrants: Most at risk, especially if not already in removal proceedings. Registration may offer limited protection but could also increase exposure to enforcement.
• Visa Holders: Required to register if staying over 30 days. Overstays who fail to register may face serious consequences, including bars on re-entry.
• Lawful Permanent Residents (LPRs): Most green card holders are already considered registered, but those unsure of prior registration status should verify to avoid inadvertent non-compliance.
• Short-Term Visitors: Tourists or business travelers under 30 days are exempt, but must monitor their length of stay to avoid triggering ARR requirements.

Special attention is warranted for visa overstayers, Canadians entering by land without I-94s, and families with mixed immigration statuses.

Future Outlook: Legal, Policy, and Legislative Dimensions

As the ARR is rolled out, several key developments are worth watching:

• Legal Challenges: Constitutional claims, particularly those invoking due process and equal protection, are likely as federal courts weigh the scope of executive authority.
• Policy Adjustments: Public feedback and implementation challenges could prompt changes, such as clarified exemptions or adjustments to the biometrics requirement.
• Congressional Action: Lawmakers may respond with new legislation to codify, modify, or rescind aspects of the ARR or its enforcement mechanisms.
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Stakeholders should remain vigilant. The public comment period for both the IFR and Form G-325R closed on April 11 and May 11, 2025, respectively. Public input during this time may influence the long-term scope of the ARR.