Should I Sign Up for Trump’s “Alien Registration” Program?

U.S. Citizenship and Immigration Services (USCIS) announced a plan in early 2025 to implement a registration requirement for some foreign nationals living in the United States. Further details were published in a March 12 interim final rule in the Federal Register.

Registration has begun, as of April 11, 2025. Of course, many questions have arisen about who needs to comply and register their presence here and whether doing so will offer any benefits or just mean a swift path to deportation. We will try to answer some of these questions here, though much remains unclear.

Which Foreign Nationals Are Expected to Comply With Alien Registration?

The many categories of foreign nationals who seemingly need to register include those who are:

• in the U.S. unlawfully, having not been inspected and admitted upon entry (who are sometimes called "illegal aliens")
• Canadians who entered the United States by land and were not given any proof of registration, and
• recipients of Deferred Action for Childhood Arrivals (DACA), Temporary Protected Status (TPS), or a similar benefits program who were not issued a work permit (EAD).

Which Foreign Nationals Don't Need to Register Their Presence in the U.S.?

This new registration requirement won't affect you if you already:

• have an I-94 card indicating lawful admission
• have lawful permanent residence (LPR status, or a green card)
• are in the process of applying for LPR status, or previously applied but were denied
• have a work permit from USCIS (Employment Authorization Document or EAD)
• have a border crossing card (BCC) allowing regular passage from Mexico or Canada
• were admitted to the United States with a visa (immigrant or nonimmigrant) or parole, or
• are in removal (deportation) proceedings.

The basic idea seems to be that if U.S. immigration authorities already know you are present in the United States, and you can prove that fact upon being stopped and asked about the matter, you don't need to do anything further. (Just make sure to carry that proof around with you).

Some foreign nationals have actually received courtesy notices from DHS, advising them that they DO NOT need to register, namely people with pending U visa and T visa applications as well as I-601A applications for a provisional waiver of unlawful presence (in preparation for an immigrant visa application).

However, because of gaps in the drafting of the new procedures, you can't assume that just because the U.S. government knows you're here, you're safe (unless you've received a courtesy notice). Also, you can't necessarily rely on the Should I File the Form G-325R With USCIS" tool on the agency's website; experts have observed that the tool doesn't ask enough questions to draw a reliable conclusion.

Be sure to research the matter further and possibly talk to an attorney.

How Are Foreign Nationals Expected to Register?

The registration process for anyone age 14 or over involves:

• creating a USCIS account online at https://my.uscis.gov/​
• submitting a Form G-325R online (supposedly within 30 days of entry; the rule fails to explain what the deadline is for people already in the United States)
• undergoing fingerprinting/biometric screening for purposes of security checks (and possibly paying a $30 fee for this service), and
• for applicants over age 18, subsequently carrying proof of registration (a pdf document USCIS will issue called "Proof of Alien Registration").

Parents are expected to apply on behalf of children who are under the age of 14.

What Is the Legal Basis for This New Alien Registration Requirement?

This requirement is based on a decades-old and largely ignored section of U.S. immigration law, 8 U.S.C. Section 1302. It says that, "It shall be the duty of every alien now or hereafter in the United States, who (1) is fourteen years of age or older, (2) has not been registered and fingerprinted under section 1201(b) of this title or section 30 or 31 of the Alien Registration Act, 1940, and (3) remains in the United States for thirty days or longer, to apply for registration and to be fingerprinted before the expiration of such thirty days."

Although lawsuits have already been filed attempting to block this new policy, no decisions have yet been issued by U.S. courts.

What Are the Penalties for Failing to Register?

The USCIS announcement indicates that registration is meant to let the government know who is here, thereby giving it a grounds upon which to penalize foreign nationals who fail to register. The penalties for failing to register can include prison time (up to 6 months) and monetary fines (up to $5,000) as well as deportation.

Additional criminal penalties can be meted out to registrants who fail to carry proof. This will be treated as a misdemeanor, punishable by a fine of up to $5,000 or imprisonment for up to 30 days, or both. 8 U.S.C. 1304(e); 18 U.S.C. 3559(a)(8), 3571(b)(6).

The obvious follow-up question is whether U.S. immigration authorities will actively use these registrations as a way to identify deportable noncitizens. Given the Trump administration's focus on mass deportations, such a possibility seems quite real, although prosecutions haven't yet become widespread. Again, anyone at risk should speak to an attorney before making a decision as to what to do.

Does Registration Offer Any Immigration Benefits?

As mentioned above, alien registration does not lead to any legal right to be in the United States. (Do not confuse it with an old immigration remedy called "registry" which offered a possibility of lawful permanent residence to people who had lived in the U.S. for a certain number of years.)

In fact, Attorney General Pam Bondi has told DOJ staff to prioritize various immigration-related offenses for criminal prosecution, including violation of this registration requirement. A January 21 DOJ memo instructed U.S. Attorneys' Offices to develop a process to handle increased prosecutions, raising concerns of rushed processing along the lines of Operation Streamline.

Scammers might tell you otherwise, though. Whatever you do, avoid any notario or non-lawyer consultant who wants to charge you money to register or who claims that this program offers any immigration benefits or lawful status. They are probably attempting to commit a fraud. However, you might want to consult an experienced immigration attorney.