New Alien Registration Requirement

 

The Department of Homeland Security announced yesterday that it will begin enforcing the statutory requirement for foreign nationals to register with the U.S. government, and impose civil and criminal penalties on foreign nationals who fail to meet these requirements.  This new enforcement priority results from President Trump’s recent Executive Order, Protecting the American People Against Invasion. 

The registration requirement applies primarily to individuals who were not registered and fingerprinted when applying for a visa to enter the United States and who remain in the United States 30 days or longer.  These individuals must register within 30 days of their arrival.  The requirement also applies to:

  • The parents and legal guardians of foreign nationals less than 14 years of age who have not been registered and remain in the United States for 30 days or longer, prior to the expiration of those 30 days.

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

The registration requirement does not apply to the following foreign nationals: 

  • Lawful permanent residents;

  • Individuals paroled into the U.S. under, even if the period of parole has expired;

  • Individuals admitted to the U.S. as nonimmigrants who were ever issued a Form I-94 (even if the I-94 has expired);

  • All individuals present in the U.S. who were issued immigrant or nonimmigrant visas prior to arrival;

  • Individuals whom DHS has previously placed into removal proceedings;

  • Individuals issued an employment authorization document;

  • Individuals who have ever applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, I-700, even if the applications were denied; and

  • Individuals issued Border Crossing Cards.

Certain individuals will need to register. These include:

  • Foreign nationals who are present in the U.S. without inspection and admission or inspection and parole;

  • Canadian visitors who entered the U.S. at land ports of entry and were not issued evidence of registration; and,

  • Foreign nationals who submitted benefit requests to USCIS not listed in 8 CFR section 264.1(a), such as applications for DACA or Temporary Protected Status, and were not issued evidence of registration.

DHS will announce the process and the necessary form to facilitate registration in the near future.  They have not given a definitive timeline.  Aliens who are required to register should begin by creating a USCIS online account. For guidance in creating an online account, individuals can visit the USCIS How to Create an Online Account page. Once the registration process is officially launched, individuals will be able to submit their registration applications. 

Once a foreign national has registered and appeared for fingerprinting (unless waived), DHS will issue evidence of registration, which individuals over the age of 18 must carry and keep in their possession at all times. Registration is not an immigration status, and registration documentation does not establish employment authorization or any other right or benefit under U.S. law.

These provisions are now being strictly enforced by DHS as part of a broader effort to enhance national security.
The full announcement is available here. We will continue to monitor the situation and provide updates as soon as more information becomes available.

This alert is for informational purposes. Please contact us if you would like to discuss this development further. 

 
Nadia Yakoob