Registration Requirement and Process for Foreign Nationals Following President Trump’s Executive Order

April 7, 2025

I. Background

On January 20, 2025, President Trump signed Executive Order 14159, titled “Protecting the American People Against Invasion.” This Executive Order directed the Department of Homeland Security (“DHS”) to ensure that foreign nationals residing in the United States comply with their duty to register with the government under Section 262 of the Immigration and Nationality Act (“INA”). Under Section 262 of the INA, all foreign nationals 14 years of age or older who have not been registered and fingerprinted and who remain in the United States for 30 days or longer must apply for registration and fingerprinting. This is a rarely invoked statute that, to date, has not been enforced by the federal government. 

II. Who is Required to Register?

Under Section 262 of the INA, all foreign nationals 14 years of age or older who have not been registered and fingerprinted and who remain in the United States for 30 days or longer must apply for registration and fingerprinting with DHS. Furthermore, any foreign national who is less than 14 years of age and remains in the United States for 30 days or longer must be registered by their parent or legal guardian. Within 30 days after turning 14 years of age, these same foreign nationals must re-register and be fingerprinted. 

     A. Who is Already Considered Registered?

Those who are deemed to have already been registered include: lawful permanent residents (i.e., green card holders); foreign nationals paroled into the United States under INA 212(d)(5), even if the period of parole has expired; foreign nationals admitted to the United States as nonimmigrants (e.g., F-1/F-2, J-1/J-2, H-1B/H-4, L-1/L-2, TN/TD, etc.) who were issued Form I-94 or I-94W (paper or electronic), even if the period of admission has expired; foreign nationals present in the United States who were issued immigrant or nonimmigrant visas (e.g., F-1/F-2, J-1/J-2, H-1B/H-4, L-1/L-2, TN/TD, etc.) before their last date of arrival; foreign nationals who have been placed into removal proceedings; foreign nationals who have been issued an employment authorization document (including DACA recipients, TPS recipients, and those seeking or granted asylum); refugees; foreign nationals who have applied for lawful permanent residence (i.e., a green card) and provided fingerprints (unless waived), even if the application was denied; and foreign nationals issued Border Crossing Cards.  

     B. Who Needs to Register?

Those who are not considered registered and must do so now include: foreign nationals without lawful immigration status (i.e., those who entered without inspection); foreign nationals below the age of 14 who have or will remain in the United States for 30 days or more and have not previously registered; foreign nationals who turn 14 years of age in the United States; DACA, TPS, and asylum applicants and/or recipients who have not received an employment authorization document or other acceptable proof of registration; and Canadian visitors who entered the United States at land ports of entry and do not have an I-94 Arrival/Departure record. 

III. When Does the Mandatory Registration Requirement Go into Effect? 

The mandatory registration requirement will become effective April 11, 2025.  As of that date, all foreign nationals required to register should do so. 

IV. How do Foreign Nationals Complete the Registration and Fingerprinting Requirement with DHS? 

Registrants must complete and submit Form G-325R through a USCIS online account. Each registrant must have their own individual USCIS online account. This includes foreign nationals under the age of 14. If you are the parent or legal guardian of a foreign national under the age of 14 who needs to register, you will need to set up an individual USCIS online account on your child’s behalf and in their name. Once you create your or your child’s (if you are the parent or legal guardian of a foreign national under 14 years of age) USCIS online account, you must fill out an electronic version of the Form G-325R, Biographic Information (Registration). 

Upon submission, USCIS will review the information provided and determine next steps, which could include a biometric services appointment. At the appointment, officials will collect fingerprints, photos, and a signature. The government will then run background checks, including a criminal history check. Once registered and fingerprinted (if necessary), DHS will issue evidence of registration, which noncitizens over the age of 18 must always carry. 

V. Penalties

     A. Failing to Register or Provide Biometrics (If Required) 

Any foreign national who willfully fails or refuses to apply for registration or be fingerprinted, including parents and legal guardians of those under the age of 14, is subject to a fine of up to $5,000 and/or imprisonment for 6 months or less. 

     B. Failing to Carry Evidence of Registration 

Foreign Nationals 18 years of age or older who are in the United States are required to always carry evidence of registration. Failure to do so can result in fines up to $5,000 and/or imprisonment for 30 days or less. 

     C. Failing to Provide Address Updates 

Foreign Nationals must continue to report any change of address to USCIS within 10 days of moving. A change of address can be filed online through a USCIS online account. Failure to do so can result in fines up to $5,000 and/or imprisonment for 30 days or less. 

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