The Alien Registration Requirement (ARR), recently mandated by the Department of Homeland Security (DHS), took effect on April 11, 2025, and requires many non-citizens currently in the United States to provide certain personal information and fingerprinting to comply section 262 of the Immigration and Nationality Act (INA) (8 U.S.C. 1302).
As discussed in the Interim Final Rule (“IFR”), the Alien Registration Act of 1940, also known as the Smith Act, was enacted into law on June 28, 1940, however it is certainly not a new law introduced under the current administration. What is new, is that this ARR rule, is largely driven by the Trump administration’s stated goal of prioritizing immigration enforcement, and hence prioritizing enforcement of the already well-established and codified provisions under INA.
Unfortunately, for many nonimmigrant aliens in the U.S., the rule forces undocumented immigrants into a very risky and uncertain position where complying could lead to detention, deportation, and even criminal prosecution. Individuals who are subject to mandatory registration and fail or refuse to comply—whether by not registering or by failing to provide fingerprinting—may face a fine of up to $5,000, in addition to imprisonment for up to six months, or both. Proceeding with the registration under the ARR could expose individuals to immediate risks of removal proceedings and the possibility of being placed in immigration court or detention. With the stakes so high, certain non-citizens now face an incredibly risky and uncomfortable dilemma: either risk severe penalties for non-compliance or expose themselves to uncertain and potentially grave consequences.
The table below outlines the individuals who will be required to register under the ARR, as well as those who may be exempt from registration.
| Who Must Register? | Who Does Not Need to Register? |
| – Aliens currently in the U.S. who are 14 years old or older, who were not registered and fingerprinted (if required) when applying for a U.S. visa and who remain in the U.S., for 30 days or longer; – Parents or Legal Guardians of aliens who are in the U.S. and are 14 years old or less than 14, if said aliens have not been registered and remain in the U.S. for 30 days or longer; – Other aliens, regardless of whether they have been previously registered or not, who turn 14 years old in the U.S.; – Certain aliens who entered the U.S. without inspection, and remain in the U.S. Note that some exceptions may apply, for example, to certain American Indians born in Canada, and certain members of the Kickapoo Traditional Tribe of Texas. | – Aliens who reside temporarily in the U.S., (fewer than 30 days); – Already registered Nonimmigrant Aliens who have already been registered e.g., through visa application process or ESTA; – Green Card holders; – A visa holders; – G visa holders; – Certain aliens who were granted temporary permission to enter or remain in the country by the DHS for urgent humanitarian reasons or significant public benefit; – Aliens who were issued I-94 (paper or electronic); – Certain foreign nationals who were issued a valid Employment Authorization Documents (EAD)Aliens in removal proceedings; – Aliens who were issued Border Crossing Cards;Certain aliens who have filed applications such as I-485, I-687, I-691, I-698, or I-700, (even if applications were ultimately denied); Note: some exceptions may apply, for example, for certain American Indians born in Canada, and others depending on the nonimmigrant’s individual situation and circumstances. |
To register under the Alien Registration Requirement, individuals must submit Form G-325R online through their personal myUSCIS account, providing detailed biographic information, address history, and other information. After submission, applicants will be scheduled for a biometric appointment (if applicable), and once successfully completed, a “Proof of Alien Registration,” will be issued. Currently, there is no fee for submission of the G-325R, however, there has been a proposed fee of $30, which may be implemented in the future.
How KBIW Kurpiejewski & Associates, PLLC Can Help
The new Alien Registration Requirement places many nonimmigrant aliens in the U.S. in a particularly difficult position, especially because the rule involves criminal penalties for failure to register, along with the risk of self-incrimination and other potentially severe civil and criminal consequences. It is crucial for individuals subject to the rule to carefully determine their best course of action now in light of applicable laws. Consulting with an attorney is essential to avoid missteps that could lead to serious legal issues.
At KBIW Kurpiejewski & Associates, PLLC, we offer comprehensive legal assistance to help you navigate the complexities of the new Alien Registration Requirement. Whether you are unsure if the registration requirement applies to you, need guidance on how to comply with the program, or are concerned about the potential risks involved, our legal team is here to provide the legal advice and support your needs. We help nonimmigrant clients in thoroughly understanding their legal options and formulating a strategic course of action to minimize exposure to penalties, all while ensuring full compliance with the law.
To schedule a consultation about your immigration situation, and learn how we can help you, please call us at (212) 220-3956 or email office@kbiw.com.
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