USCIS has announced that it is establishing a new form and process by which undocumented immigrants may register pursuant to section 262 of the Immigration and Nationality Act (INA) (8 U.S.C. § 1302) and a Jan. 20, 2025, executive order.
President Donald Trump's "Protecting the American People Against Invasion" executive order instructed the Department of Homeland Security (DHS) to ensure that foreign nationals comply with their registration obligations under INA § 262. It also emphasized that non-compliance should be treated as a priority for both civil and criminal enforcement.
In general, the INA mandates that any foreign national aged 14 or older must apply for registration and fingerprinting if they have been in the United States for at least 30 days and did not do so when applying for a U.S. visa. For children under 14, it is their parent or guardian's responsibility to ensure they are registered. When a child turns 14, they are required to reregister and have their fingerprints taken within 30 days of their birthday. After a foreign national has registered and undergone fingerprinting, the DHS will provide proof of registration. Aliens over the age of 18 are required to carry this proof at all times.
Most foreign nationals in the United States have already registered as required by law. However, many foreign nationals in the country have not had a direct way to register and fulfill their obligation under INA § 262. Once the USCIS registration process is in place, foreign nationals will submit their registration through their USCIS online account. Parents and guardians will also use their USCIS online account to submit registration applications for children under 14.
Those who may not have received evidence of registration and provided fingerprints include:
- Foreign nationals who entered the United States without inspection, admission, and/or parole;
- Canadian citizens who entered the United States through land ports of entry and did not receive evidence of registration; and
- Foreign nationals who applied for DACA or TPS and were not given evidence of registration.
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