Trump's Immigrant Registration Rule: A Step Toward Criminalization—Even For Lawful Visitors?

EXECUTIVE SUMMARY

On March 12, 2025, the U.S. Department of Homeland Security (DHS) implemented an Interim Final Rule (IFR) requiring aliens in the U.S. for 30 days or more to register their presence and provide fingerprints (unless exempted). This rule introduces an online registration method in addition to existing procedures. The Final Rule will come into effect on April 11, 2025.

Key Considerations:

• Children of nonimmigrant parents in the U.S. must register within 30 days of turning 14 and appear for fingerprinting.
• Canadians entering the US for 30 days or more must register, even if they do not receive a Form I-94 (i.e. such as when entering the US by land).

Compliance Requirements & Penalties:

1. Register and provide fingerprints (Penalty: up to $5,000 fine, up to 180 days imprisonment, or both; fraudulent registration may lead to deportation).
2. Carry proof of compliance for individuals 18 years or older (Penalty: misdemeanor with up to $5,000 fine, up to 30 days imprisonment, or both).
3. Report change of address to DHS within 10 days of moving (Penalty: misdemeanor with up to $5,000 fine, up to 30 days imprisonment, or both).

Who Must Register?

• All aliens aged 14 and above staying in the U.S. for 30 days or longer (with limited exceptions).
• Children under 14 must be registered by a parent/guardian but are not required to provide fingerprints. Upon turning 14, they must register in person and submit fingerprints within 30 days.
• Canadians without a Form I-94 (i.e. who have entered the US by land) who stay 30 days or longer must register.

Exemptions Include:

• Visa holders already registered through their visa application.
• A & G visa holders (diplomatic/government officials).
• Individuals staying less than 30 days.
• American Indians born in Canada with at least 50% American Indian blood under 8 USC 1359.
• Lawful Permanent Residents (LPRs) who turn 14 while outside the U.S. must register and provide a photograph within 30 days of returning.

What you Need to Do:

• Ensure you are registered (automatically or through the USCIS Portal)
• Carry proof of your registration at all times
• If you change your address, you must promptly inform USCIS through its Portal
• Follow the evolution of the situation and seek legal counsel if needed.

On January 20, 2025, President Donald Trump signed an Executive Order titled "Protecting The American People Against Invasion," which mandates stricter enforcement of immigration laws. This includes requiring all aliens to register with the federal government and carry proof of registration at all times. This policy shift affects both undocumented immigrants and those lawfully present in the United States.

Historically, being in the U.S. without legal status has been a civil offense, punishable by deportation rather than imprisonment. However, a hitherto unenforced federal law from World War II mandates that immigrants not registered upon arrival must do so within 30 days or face criminal prosecution. The Trump administration's new policy will now enforce this requirement, creating a registration mechanism and making non-compliance a criminally prosecutable offense that may result in fines, imprisonment, removal from the US and inadmissibility.

Department of Homeland Security (DHS) Interim Final Rule on Alien Registration

On March 12, 2025, the U.S. Department of Homeland Security (DHS) published an Interim Final Rule (IFR), requiring individuals in the U.S. for 30 days or more to register their presence and provide fingerprints (unless exempt). This rule introduces an online registration mechanism for aliens who are not already registered, outlines what must be done to comply, and provides stiff penalties for those who do not comply.

Effective April 11, 2025, foreign nationals must register using the revised G-325R Biographic Information (Registration) form via the myUSCIS platform. This method allows individuals who are not already registered to create an account and submit their registration free of charge. As explained by USCIS, biometrics may be required to register. As of now, Canadian citizens are exempt from fingerprinting.

The IFR provides additional clarification regarding who must register, penalties for noncompliance, and acceptable forms of proof of registration.

Key Provisions of the Interim Final Rule

The IFR introduces critical legal and procedural changes that impact all aliens present in the U.S. for more than 30 days. The key provisions include:

• Mandatory Registration for Extended Stays: Aliens older than 14 years old who remain in the U.S. for 30 days or longer must register with DHS and provide biometric data (fingerprints) to be included in the federal immigration system if required. This applies to all aliens, regardless of prior legal entry status. Failure to comply can result in criminal prosecution. *Note that Canadian citizens are exempt from the fingerprinting requirement.
• Requirement to Carry Proof of Registration: Any alien aged 18 or older must carry proof of registration at all times while present in the U.S. Acceptable forms of proof include the I-94 Arrival-Departure Record, I-551 Permanent Resident Card, Employment Authorization Document (I-766), or proof of registration obtained via the G-325R form submission. Failure to do so can result in criminal prosecution. The wording of the IFR indicates that the proof to be carried at all times must be printed (i.e. in paper format).
• Registration of Minors: Parents or guardians of children under 14 must complete their child's registration process. Upon turning 14, the child must register in person and submit biometric data within 30 days of their birthday.
• Requirements for Canadians Entering by Land: Canadians entering the U.S. for business or other purposes for 30 days or more are required to register, even if they were not issued a Form I-94 upon entry. This new requirement closes a previous gap where many Canadian visitors were not formally recorded in the U.S. immigration system. Canadians having entered the US by land and who do not comply with the registration requirement after entering the US may be, subject to the penalties listed above.

I-94 Arrival-Departure Record: Land, Air, and Sea Entries

The I-94 Arrival-Departure Record is a critical document used by U.S. Customs and Border Protection (CBP) to track the entry and departure of aliens, particularly visitors. Whether a traveler receives an I-94 depends on how they enter the U.S.:

• Air Travel: Foreign nationals arriving by air are generally issued an electronic I-94 automatically upon entry. Travelers can access and print their I-94 through the CBP I-94 website.
• Sea Travel: Most travelers arriving by sea, such as those on cruise ships, will also receive an electronic I-94, though specific documentation requirements may vary depending on the vessel's port of departure and U.S. entry point.
• Land Travel for Canadians:
  • Canadians entering at land borders may not automatically receive an I-94 unless they request one or if their stay exceeds certain limits.
  • If a Canadian intends to stay in the U.S. for more than 30 days, they must proactively obtain an I-94 and register their presence.

Under the new policy, failure to obtain and carry proof of registration could result in penalties, including fines, jail sentences, removal and inadmissibility to the US. Travelers should verify their I-94 status before entering or leaving the U.S. to avoid compliance issues.

Other Acceptable Evidence of Registration

The I-94 is not the only document that may be used to evidence registration. The regulations also identify the following forms as constituting evidence of registration:

• I-95, Crewmen's Landing Permit—Crewmen arriving by vessel or aircraft.
• I-184, Alien Crewman Landing Permit and Identification Card—Crewmen arriving by vessel.
• I-185, Nonresident Alien Canadian Border Crossing Card—Citizens of Canada or British subjects residing in Canada.
• I-186, Nonresident Alien Mexican Border Crossing Card—Citizens of Mexico residing in Mexico.
• I-221, Order to Show Cause and Notice of Hearing—Aliens against whom deportation proceedings are being instituted.
• I-221S, Order to Show Cause, Notice of Hearing, and Warrant for Arrest of Alien—Aliens against whom deportation proceedings are being instituted.
• I-551, Permanent Resident Card—Lawful permanent resident of the United States.
• I-766, Employment Authorization Document ("EAD").
• Form I-862, Notice to Appear—Aliens against whom removal proceedings are being instituted.
• Form I-863, Notice of Referral to Immigration Judge—Aliens against whom removal proceedings are being instituted.

Whatever evidence you have, it is imperative that you have a physical copy of it with you at all times to comply with the new requirements.

Next Steps for Aliens Who are Not Registered

To ensure compliance with the new rule, aliens who are not already registered must take the following steps:

Step 1: Create a USCIS Online Account and Begin Registration

• All aliens who must register are required to create an individual USCIS online account on myUSCIS.
• Each alien submitting Form G-325R must have their own individual USCIS online account, including those under 14 years old.
  • Parents or legal guardians must create an individual USCIS online account on behalf of a child under 14 years old.
• Once the account is created, complete Form G-325R (Biographic Information – Registration) online.
• Registration is free and can only be completed online.
• Individuals 14 years old and older must provide fingerprints as part of the registration process.
• Children turning 14 years old must apply for registration and fingerprinting within 30 days of their birthday.

Step 2: Submit Form G-325R (Biographic Information – Registration)

• After creating a USCIS online account, each alien must submit Form G-325R electronically from their own individual account.
• Important Notes:
  • Form G-325R must be submitted online; it cannot be filed by mail or in person.
  • Each alien, regardless of age, must have an individual USCIS online account to submit Form G-325R.
  • Parents/legal guardians must submit Form G-325R on behalf of a child under 14 through the child's individual USCIS online account.
  • If you already have an I-94 Arrival-Departure Record, you may already be registered.
    • Do not submit Form G-325R if you were issued an I-94 or I-94W upon admission or parole into the U.S.
  • Aliens previously registered but who have now turned 14 must submit Form G-325R within 30 days of their birthday.

Step 3: USCIS Review of Form G-325R

• Once Form G-325R is submitted, USCIS will review the information and verify it against DHS records.
• If you have already complied with the registration requirements, USCIS will notify you.
• If USCIS determines that biometrics are required, you will receive instructions on scheduling an appointment.
• Some individuals, such as Canadian visitors and children under 14, may be exempt from biometric collection but will still receive proof of registration (see Step 5).

Step 4: Attend Your Biometric Services Appointment (If Required)

• If biometrics are required, log into myUSCIS and schedule a Biometric Services Appointment at a USCIS Application Support Center (ASC). *Note that Canadian citizens are exempt from the fingerprinting requirement.
• What to bring:
  • A valid passport or other government-issued ID.
• At the appointment, USCIS will collect:
  • Fingerprints
  • Photograph
  • Digital signature for identity verification and security checks.
• There is no biometric services fee under the Interim Final Rule.
• Failure to attend your biometric appointment (if required) may result in criminal penalties under INA 266(a), 8 U.S.C. 1306(a).
• *As of now, Canadians are exempt from providing biometrics to register.

ALWAYS Carry Proof of Registration

• Once you have registered and provided your biometrics (if required), USCIS will issue proof of registration in your USCIS online account.
• You must download and print your Proof of Registration from myUSCIS.
• If you are 18 or older, you must carry this proof in paper format at all times.
• Consider keeping copies of your registration in several places you may where you need it (e.g. in your vehicle, at your residence, in your wallet, etc.)

Update Your Address with DHS

• If you move, you must notify DHS in writing within 10 days of your new address.
• For more details, visit How to Change Your Address on the USCIS website.
• Failure to update your address within 10 days of moving may result in criminal prosecution and penalties.

Penalties for Noncompliance

Expanding Criminalization and Increasing Risk

This policy marks a significant shift in U.S. immigration enforcement, expanding criminal liability to those who fail to carry proof of their lawful presence. Aliens, including tourists and business visitors, now face heightened scrutiny and legal risks.

For Canadians and other frequent travelers, compliance is crucial to avoid fines, prosecution, imprisonment or removal proceedings. As the new rule takes effect, individuals must remain vigilant, informed, and prepared to demonstrate their legal status at all times.

These are turbulent times in US immigration. We urge all aliens in the US to err on the side of caution in complying with these new regulations and to seek legal advice and assistance should you have any questions or concerns.