This alien registration requirement stems from President Trump’s executive order issued on January 20, 2025, titled “Protecting the American People Against Invasion.”

Section 7 of this executive order, titled “Identification of Unregistered Illegal Aliens,” mandates that “unregistered” aliens must comply with a 1952 statute that mandates the registration and fingerprinting of certain foreign nationals who are not registered in the United States.

The 1952 statute, known as the McCarran-Walter Act, was established during the Cold War amid growing concerns about national security, immigration, and the potential influence of communist subversion in the United States.

Heidi Altman, vice president of policy at the National Immigration Law Center (NILC), responded to the Trump administration’s announcement by stating, “The Trump administration’s registry announcement harkens back to shameful episodes in U.S. history of government-sanctioned discrimination against immigrants and people of color. All of us must reject this transparent attempt to criminalize, entrap, and spread more fear and confusion in our communities. No good has ever come out of forced registries that subject people to racial profiling and set up entire communities to be targeted for detention and deportation.”

In its announcement, USCIS emphasizes, “No alien will have an excuse for failure to comply with this law.” Furthermore, “Failure to comply will result in criminal and civil penalties, up to and including misdemeanor prosecution and the payment of fines.”

The rules outlined in sections 1306(a) and 1304 of Title 8 of the U.S. Code, established by the Alien Registration Act of 1940, impose serious consequences on individuals who fail to register as required. According to section 1306(a), a noncitizen who does not register with the government, such as a parent failing to register their child under 14, within 30 days can face a federal misdemeanor charge, with a maximum penalty of six months in jail and/or a fine of up to $1,000. Section 1304 also requires that adults carry proof of their registration, or they risk a misdemeanor and a fine of up to $100. It is crucial to be aware of these requirements, as they can significantly impact people's lives.

Alien Registration Requirement

Many foreign nationals currently in the United States are already considered “registered” if they were inspected and admitted upon entry, have applied for a benefit after entering, or have been placed in removal proceedings. With certain exceptions, the foreign nationals who must comply with this requirement if they remain in the United States for 30 days or longer include:

- Individuals who were not inspected and lawfully admitted upon entering the United States;

- Visitors from Canada who entered by land and were not inspected;

- Foreign nationals who applied for Deferred Action for Childhood Arrivals (DACA), Temporary Protected Status (TPS), or similar benefit programs not listed in 8 C.F.R. § 264.1(a), and who were not inspected and admitted to the United States, nor issued an employment authorization document (EAD).

Registration must be completed by individuals subject to the alien registration requirement as follows:

- All aliens aged 14 or older who were not registered and who remain in the United States for 30 days or longer must apply before the expiration of those 30 days.

- Parents and legal guardians of aliens younger than 14 who have not been registered and remain in the United States for 30 days or longer must apply before the expiration of those 30 days.

- Any alien, whether previously registered or not, who turns 14 years old while in the United States within 30 days after their 14th birthday.

Foreign Nationals Exempt from the Registration Requirement

According to the USCIS announcement, foreign nationals who have already “registered” and are therefore exempt from this requirement include:

- Lawful permanent residents;

- Aliens paroled into the United States under section INA 212(d)(5), even if the period of parole has expired;

- Aliens admitted to the United States as nonimmigrants with an issued Form I-94 or I-94W (either paper or electronic), even if their period of admission has expired;

- All aliens present in the United States who were issued immigrant or nonimmigrant visas prior to arrival;

- Aliens placed into removal proceedings by the Department of Homeland Security (DHS);

- Aliens who have been issued an employment authorization document (EAD);

- Aliens who have applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, I-700, even if those applications were denied;

- Aliens issued Border Crossing Cards.

Proof of Registration

According to recent announcements, all foreign nationals over the age of 18 are required to carry proof of registration and must keep it in their possession at all times. It is assumed that USCIS intends for this to be a mandatory requirement for individuals aged 18 and older.

What Happens Now?

The USCIS announcement states that the Department of Homeland Security (DHS) will “soon announce” a form and process for registration that must be completed. USCIS advises foreign nationals subject to this requirement that there is currently no requirement to create a USCIS Online Account. However, many attorneys and organizations advise foreign nationals to postpone creating one until more details are available.

A fact sheet from NILC titled "Non-Citizen Registration Requirement in Trump Day 1 Executive Order" predicts that the Trump administration aims to exploit outdated registration laws to criminalize individuals who are undocumented. Moreover, the administration may attempt to use registration as a means to target individuals with temporary status for detention and deportation. This includes those individuals who entered under Biden-era parole programs designed for individuals escaping instability and violence in countries such as Cuba, Haiti, Nicaragua, and Venezuela, as well as those with Temporary Protected Status and pending asylum claims.

"If federal prosecutors were to charge someone without authorized status under one of the registration-related federal criminal statutes (U.S. Code Title 8, Sections 1304(e) and 1306), they might be able to mount an impossibility defense. Currently, there is no process for individuals without status to register. This situation would also pertain to individuals with authorized status not covered by the registration regulations."

The fact sheet further suggests that any attempts by the Trump administration to establish a registration system for non-citizens who were previously unable to register would likely focus on identifying and targeting individuals for detention and deportation. Such actions could evoke one of the most disgraceful episodes in American history, in which government registration data on Japanese non-citizens was used to forcibly intern thousands, including many U.S. citizens of Japanese descent.

Community members with questions about registration and its potential impacts should consult trusted immigration lawyers. Tribuna will continue to monitor and provide additional updates related to the Alien Registration Requirement.