Understanding the New Non-Citizen Registration Requirement
Be Prepared and Stay Protected — April 21, 2025
Our latest Immigration Update on April 16 covered everything you need to know about the new federal non-citizen registration requirement. Our Lead Trainer, Laura Mendoza, was joined by Teri Ross, the Executive Director of Illinois Legal Aid Online, to provide crucial information and address questions from our community.
Watch the livestream and check out a recap of the key points below. Remember, the information shared is for general knowledge only and does not constitute legal advice. Every individual's situation is unique, and it's essential to consult with an immigration attorney about your specific circumstances.
What is the Non-Citizen Registration Requirement?
The official name for this new requirement is the "Alien Registration Requirement," stemming from the Alien Registration Act of 1940 that mandated all foreign nationals residing in the United States for 30 days must be registered with the federal government and fingerprinted. The Department of Homeland Security (DHS) is implementing this rule based on a recent presidential executive order. Its aim is to gather personal information from immigrant families.
Who Needs to Register?
This new rule mandates registration for non-citizens in the following categories:
Those who entered the U.S. without inspection by an immigration officer, have not been encountered by DHS, or do not have work authorization.
Those who entered the U.S. without inspection and have applied for certain benefits like asylum or Temporary Protected Status (TPS) but do not have a work permit or haven't received a Notice to Appear (NTA), which initiates deportation proceedings.
All non-citizens 14 years of age or older who have been in the U.S. for more than 30 days.
Children who turn 14 years old must register within 30 days of their 14th birthday, even if they were previously registered.
Canadian citizens who entered the U.S. without receiving an I-94 form (the arrival/departure record).
It's also important to note that individuals who register should carry proof of their registration, which can potentially be shown on their phone.
Who is Already Considered Registered?
Many individuals already have documentation or have had interactions with immigration that fulfill this requirement. This includes:
Lawful Permanent Residents (Green Card holders)
Applicants who applied for and were even denied certain immigration statuses
Refugees
Individuals granted parole, even if it has expired
Those who entered the U.S. with an immigrant or non-immigrant visa, even if expired
Individuals currently in immigration removal or deportation proceedings
Those who have or had employment authorization (work permits), even if expired
Individuals who have applied for Lawful Permanent Residency
Those with border crossing cards
Certain maritime workers
Potential Benefits and Risks of Registering:
Disclaimer: This is a new rule, and the full implications are still unfolding.
Potential Benefits:
Registering may demonstrate that you are following the rules, which could be beneficial for future immigration applications.
It is crucial to be honest when registering. Providing false information can lead to severe consequences, including deportation proceedings and criminal charges.
Potential Risks:
For undocumented individuals, registering could potentially lead to removal proceedings, even without any other violations.
DHS could send letters requiring individuals to report to an office, potentially leading to detention and the start of removal proceedings.
Individuals in the U.S. for less than two years could be subject to expedited removal, a fast-track deportation process without a hearing before a judge (unless they have a fear of persecution, which could lead to asylum consideration).
Fines and Jail Time:
Failure to register could lead to criminal charges, especially if encountered by law enforcement like ICE. These charges can include fines and potential jail time. Furthermore, not registering can negatively impact future immigration applications, as immigration benefits are often discretionary and based on an applicant's history of compliance with the law.
Important Next Steps:
Navigating this new requirement can be confusing. It is strongly recommended that you consult with an experienced immigration attorney or a Department of Justice (DOJ) accredited representative to understand how this rule applies to your specific situation.
Where to Find More Information and Legal Resources:
TRP Immigrant Justice: See our FAQ for more information and get trusted Legal Assistance from a TRP legal representative.
USCIS (U.S. Citizenship and Immigration Services): You can find the registration form and direct information about the requirement on the official USCIS website. Be aware that there is NO FEE to fill out this form. Do not pay anyone to help you complete it without first consulting with an attorney.
Illinois Legal Aid Online: Their website, illinoislegalaid.org (Spanish: es.illinoislegalaid.org), offers a wide range of free legal information in English and Spanish.
Stay Connected for Updates:
The immigration landscape is constantly evolving. Please continue to follow TRP Immigrant Justice on our social media channels for the latest updates and information, including our bi-weekly Immigration Update every other Wednesday at 4pm CST on Facebook and Instagram Live.
We are actively working on providing guidance regarding recent letters received from DHS and will share information as soon as it becomes available.
Tune in next Wednesday, April 30 for our livestream on DACA.
Remember, staying informed and seeking legal counsel are crucial steps in understanding your rights and navigating the complexities of immigration law.
