DHS Requires Registration and Fingerprinting with Some Exemptions

Department of Homeland Security published an Interim Final Rule yesterday requiring certain non-U.S. citizens who are in the U.S. for 30 days or more to register their presence in the U.S. and provide fingerprints by April 11.

Many people are already in compliance with the requirement, including individuals who hold a visa (even if since expired) and have been registered and fingerprinted through their visa application, lawful permanent residents, and people granted employment authorization.

Those who must take action to register include Canadians entering the U.S. for business purposes for 30 days or more who do not receive an I-94, children under 14 who were not registered upon visa application, and children who are in the U.S. as nonimmigrants and are turning 14.

 
Additionally, those who are 18 or older must carry proof at all times of their registration and fingerprinting.

What needs to be done and what are the potential penalties?

• Register and provide fingerprints. Failure to comply is a criminal offense and penalty could be a fine of up to $5,000, imprisonment up to 180 days, or both; fraudulent registration constitutes grounds of deportability; AND
• Carry evidence of compliance if one is age 18 or older. Failure to comply is a criminal misdemeanor and penalty could be a fine of up to $5,000, imprisonment for not more than 30 days, or both; AND
• Notify DHS in writing of each change of address within 10 days of moving. Penalty is a misdemeanor with fine of up to $5,000, imprisonment for not more than 30 days, or both.

What evidence is available to show registration?

The following are examples of proof of having been registered, and if possessed should be carried at all times:

• Form I-94 ― admitted as nonimmigrant
• Lawful Permanent Resident Card (Form I-551)
• Employment Authorization Document (EAD) (Form I-766)
• Valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport
• Proof of Alien Registration upon submission of Form G-325R and completion of biometrics

As a new option for registration, USCIS has introduced Form G-325R, “Biographic Information (Registration),” which can be submitted online via creation of a MyUSCIS account. Each individual must have a unique account. Submission of Form G-325R will trigger the scheduling of a biometrics appointment at a USCIS Application Support Center. Currently this option does not cost money, but DHS is soliciting comments on a possible $30 fee.

Per DHS, the initiative aims to enhance national security and ensure compliance with U.S. immigration laws. It marks a step to implement the January 20, 2025 executive order “Protecting the American People Against Invasion” signed by President Trump, which directed DHS to enforce compliance with “alien” registration requirements under Section 262 of the Immigration and Nationality Act (8 U.S.C. 1302).

A detailed FAQ prepared by the nonprofit National Immigration Law Center can be found here.

We are continuing to track developments in this area.