Trump’s New Foreign National Registration: Who Must Comply?
President Trump’s Executive Order on Foreign National Registration
On January 20, 2025, President Trump issued the “Protecting the American People Against Invasion” executive order. This order directs the Department of Homeland Security (DHS) to ensure that foreign nationals comply with their duty to register with the government under section 262 of the Immigration and Nationality Act (INA) (8 U.S.C. 1302). Failure to comply with this requirement will now be treated as a civil and criminal enforcement priority. Please note this is not a new requirement, but there has not previously been a process to effectively complete the registration process.
Key Requirements Under the INA
- Registration and Fingerprinting: All foreign nationals aged 14 or older who were not fingerprinted or registered when applying for a U.S. visa and who remain in the United States for 30 days or longer must apply for registration and fingerprinting. Parents and guardians must ensure that their children under 14 are registered. Children who turn 14 must re-register and be fingerprinted within 30 days of their 14th birthday.
- Evidence of Registration: Once registered and fingerprinted, DHS will issue evidence of registration, which foreign nationals over 18 must always carry.
- Legal Obligations: Unregistered foreign nationals and previously registered children who turn 14 must comply with these requirements. Failure to do so will result in criminal and civil penalties, including misdemeanor prosecution and fines.
New Registration Process
To facilitate compliance, USCIS is establishing a new form and process for registration. Starting February 25, 2025, foreign nationals that are required to register should create a USCIS online account in preparation for the registration process. Follow this guidance on setting up your USCIS Online Account. Detailed instructions will be provided on the USCIS website for using your online account to register your family members once the registration process is rolled out.
Who Has Already Registered?
Foreign nationals who have been issued one of the documents designated as evidence of registration under 8 CFR 264.1(b) or who have submitted one of the forms designated at 8 CFR 264.1(a) and provided fingerprints (unless waived) are considered registered. This includes:
- Lawful permanent residents
- Foreign nationals paroled into the United States under INA 212(d)(5)
- Nonimmigrants issued Form I-94 or I-94W
- Foreign nationals issued immigrant or non-immigrant visas prior to arrival
- Foreign nationals in removal proceedings
- Foreign nationals issued an employment authorization document
- Foreign nationals who applied for lawful permanent residence using specific forms
- Foreign nationals issued Border Crossing Cards
Who Must Apply for Registration
- All foreign nationals 14 years of age or older who were not registered and fingerprinted (if required) when applying for a visa to enter the United States and who remain in the United States for 30 days or longer. They must apply before the expiration of those 30 days.
- The parents and legal guardians of foreign nationals less than 14 years of age who have not been registered and remain in the United States for 30 days or longer, prior to the expiration of those 30 days.
- Any foreign nationals, whether previously registered or not, who turns 14 years old in the United States, within 30 days after their 14th birthday.
As soon as additional details regarding the registration process are released, we will provide additional guidance. If you have any questions, please reach out to Matt or Barbara for additional clarification.