"Registration" aims to criminalize immigration status

** Please note: this article discusses a brand new policy. There could be legal challenges, and there will certainly be unanswered questions as the situation develops.

4/1/25 Update: On 3/31, the American Immigration Council and partner organizations filed a lawsuit challenging registration. Read more here.

4/11/25 Update: Federal courts declined to pause registration under the Smith Act. This requirement is in force as of today. Both registering and failing to register could have serious legal consequences. We advise seeing legal individualized legal advice, and we recognize that many people will face a choice between two bad options.

What is "Registration"?

The requirement that all noncitizens in the United States for at least 30 days must register with the federal government has existed since the Smith Act, also known as the Alien Registration Act of 1940, which was passed during World War II.

The law allows for criminal penalties for people 14 or over who fail to register and for parents who fail to register their children under 14 years old.

Why have I never heard of registration before?

The U.S. government has long registered people's entries at border crossings, air and sea ports, and when they filed certain immigration applications that required them to be fingerprinted.

Until now, there has not been a registration system for people who did not come in through a port of entry or have their fingerprints taken in connection with an immigration application.

So people either "registered" without really thinking about it, or they had no way to register. As a result, it wasn't something anyone talked about.

• The one exception occurred during the post-9/11 period. A program called NSEERS was created to register men from certain predominantly Muslim countries. This program had serious Constitutional flaws and was ultimately terminated.

What are the new registration requirements?

On March 12, 2025, the U.S. Citizenship and Immigration Service (USCIS) announced a new process for noncitizens to register with the federal government.

The process involves creating an online MyUSCIS account, completing Form G-325R, Biographic Information (Registration), and attending a Biometrics Services Appointment, where the registrant's fingerprints and photo will be collected.

People who complete this process will be able to download and print proof of registration, which they will be required to carry with them at all times.

Additionally, the Administration has signaled its intention to prosecute individuals for failing to register their new address with USCIS within 10 days of moving. Like registration, this is a longstanding requirement that was not criminally enforced.

Who IS NOT required to register?

U.S. citizens are not required to register. Additionally, many noncitizens in the United States are already considered to have "registered." Any of the following documents act as proof of registration. If you have one of these documents, you are not required to register.

Document	Who would have this
I-94, Arrival-Departure record	People admitted on temporary visas
A parole with a document that says INA 212(d)(5)	People paroled into the United States
I-95, Crewman's Landing Permit	Crew members
I-184, Alien Crewman Landing Permit and Identification Card	Crew members
I-185, Nonresident Alien Canadian Border Crossing Card	Canadian citizens residing in Canada
I-186, Nonresident Alien Mexican Border Crossing Card	Mexican citizens residing in Mexico
I-221, Order to Show Cause and Notice of Hearing	People who have been placed into deportation proceedings
I-221S, Order to Show Cause, Notice of Hearing, and Warrant for Arrest of Alien	People who have been placed into deportation proceedings
I-551, Permanent Resident Card	Permanent residents
I-766, Employment Authorization Document	People with work authorization
I-862, Notice to Appear	People who have been placed into deportation proceedings
I-863, Notice of Referral to Immigration Judge	People who have been placed into deportation proceedings

Who IS required to register?

With very few exceptions (such as diplomats), anyone who (1) is not a U.S. citizen, (2) has not already registered (see above), and (3) who has been (or plans to be) in the United States for 30 days or more is required to register.

All individuals who enter the country lawfully are registered as part of their entry. Therefore, all individuals required to register through the new system have by definition entered without authorization.

If a person has applied for and received lawful status in the United States, then they have been registered.

That leaves only people who entered without authorization and remain undocumented who are now required to register.

What are the possible consequences of NOT registering?

Failing to register is a federal crime, and the Trump Administration is actively encouraging prosecutors to criminally charge individuals who fail to register (and parents who fail to register their children). The possible penalty is a fine of up to $5,000 or up to 6 months in jail, or both.

Even if a person HAS registered, if they are over 18 years old and do not carry proof of their registration (one of the documents above or proof of registering through the new system), they may be criminally prosecuted. The possible penalty is a fine of up to $5,000 or up to 30 days in jail, or both.

The possible penalty for failing to file a change of address with USCIS (not just with the postal service) within 10 days of moving is a fine of up to $5,000 or up 30 days in jail, or both.

Undocumented individuals who are criminally prosecuted for failing to register will almost certainly be put into deportation proceedings. If their children are also undocumented, the children could also be placed into deportation proceedings.

What are the possible consequences of registering?

Registration requires providing one's personal details to the federal government. This increases the likelihood of being targeted by ICE for deportation proceedings or expedited removal.

The Trump Administration has been very clear about their intention to deport as many people as possible. ICE has also been known to detain all people present at a home or workplace who cannot prove their lawful status, even if they entered that location looking for a specific person.

For this reason, it is essential to know your rights if ICE visits your home or if you encounter ICE in public.

The vast majority of immigration violations are civil offenses, not crimes. Immigrants, especially those who are undocumented, are far less likely to commit crimes.

Even so, the Trump Administration has just created an impossible choice for millions of undocumented people. Either register and put a target on your back or don't register and become a "criminal alien."

What should I do?

One of the primary effects of the registration announcement is to create fear and uncertainty among immigrant communities in the United States. If at all possible, everyone who is required to register should consult with a competent and reputable immigration attorney to seek an individualized risk assessment before deciding how to proceed.

This article is general information and should not be considered legal advice. U.S. immigration law is extremely complex and circumstance-specific. If you would like us to review your immigration history and consult with you regarding your obligation to register and the specific risks registration may pose to you and your family, please contact us.