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USCIS Implements Registration Requirement for Some Foreign Nationals
Beginning April 11, 2025 the US Citizenship and Immigration Services (USCIS) is implementing a new registration requirement mandating that certain foreign nationals register with the Department of Homeland Security (DHS) or face civil and/or criminal penalties.
The rule states that certain foreign nationals who are in the United States for 30 days or longer must provide personal information to DHS, including fingerprints (biometrics) and home addresses, and carry proof of their registration at all times. Registration does not provide a legal immigration status or work authorization.
The following categories of foreign nationals are considered already registered and are exempt from this requirement: lawful permanent residents and those who have applied for lawful permanent residence (even if the application was ultimately denied); non-immigrant visa holders; parolees; employment authorization recipients; individuals in removal proceedings; individuals with Border Crossing Cards; and travelers who were admitted to the US and issued a Form I-94 (even if the period of admission has expired). However, anyone who falls into one of the above categories and turns 14 while in the United States will still need to register after their 14th birthday, as those applicants would not have submitted fingerprints in connection with their prior application.
The registration requirement will most likely affect undocumented individuals without pending applications and Canadian travelers who cross at a land border, who are not issued an I-94, and who plan to stay in the US for 30 days or longer.
All registered foreign nationals who are 18 years of age or older are required to carry proof of their registration. Noncompliance can result in a misdemeanor punishable by a fine of up to $5,000, imprisonment for up to 30 days, or both. For information about how to register click here.
The rule has been challenged in Federal Court but the outcome of the case is uncertain. We will continue to provide updates as more details are released. Please contact your KM&M attorney with any questions.