Disclaimer: The Colorado Hispanic Bar Association (CHBA) is providing this information as a resource for our community. This does not constitute legal advice. If you have questions or require legal guidance, we strongly encourage you to consult with a qualified attorney.
On March 12, 2025, the Department of Homeland Security (DHS) published an Interim Final Rule (IFR) introducing new alien registration requirements for noncitizens in the United States. This rule mandates that individuals who have not previously registered with U.S. Citizenship and Immigration Services (USCIS) must now do so, providing their fingerprints and biographic information.
This rule takes effect on April 11, 2025, and noncompliance carries serious civil and criminal penalties.
Under this new rule, Form G-325R (Biographic Information – Registration) has been designated as the primary registration form. Noncitizens required to register must complete this form and provide biometrics to remain compliant with 8 U.S.C. §§ 1301–1306.
Who Must Register?
- All noncitizens aged 14 and older who remain in the U.S. for 30 days or more.
- Parents or legal guardians must ensure that noncitizens under 14 are registered. When they turn 14, they must complete the registration process by submitting Form G-325R within 30 days of their birthday, even if previously registered, and attend a biometrics appointment. (8 U.S.C. § 1302(b)).
- Nonimmigrants who overstay their authorized period or fall out of status must register immediately (8 C.F.R. § 264.1(e)(3)).
Penalties
- Noncompliance with Registration and Fingerprinting Requirements: Failure to comply with registration and fingerprinting requirements is a criminal offense punishable by a fine of up to $5,000, imprisonment for up to six months, or both. The same penalties apply to parents or guardians of individuals under 14 who fail to comply.
- Failure to Carry Proof of Registration: Individuals aged 18 and older must carry proof of registration and fingerprinting at all times. Failure to do so is a misdemeanor, punishable by a fine of up to $5,000, imprisonment for up to 30 days, or both.
- Failure to Update Address: Failure to register a change of address is a misdemeanor, subject to a fine of up to $5,000, imprisonment for up to 30 days, or both.
Who Is Already Considered Registered? The government considers many groups of people, including some without lawful status, to have already registered under existing laws. According to the new rule, the following groups do not need to re-register:
- Green card holders (lawful permanent residents)
- People granted parole, including advance parole (even if expired)
- People who entered the U.S. on a nonimmigrant or immigrant visa (even if expired)
- People already in immigration court (removal) proceedings
- People granted employment authorization on any basis (even if expired)
- Resettled Refugees
- People who applied for lawful permanent residence (even if denied)
- People who have border crossing cards or entered the U.S. as a “crewman”
What Documents Count as Proof of Registration? The new “Proof of Alien Registration” document will serve as evidence that a person has registered. However, many noncitizens already have documents that serve as proof of registration. Evidence of Registration Listed in the Regulations Includes:
- Form I-94 (Arrival-Departure Record)
- Form I-551 (Permanent Resident Card or “Green Card”)
- Form I-765 (Employment Authorization Document or EAD)
- Form I-862 (Notice to Appear) and Form I-863 (Notice of Referral to Immigration Judge)
Is the Government Instructing People with DACA, TPS, or Asylum to Register?
- If a DACA recipient, a TPS recipient, or a person seeking or granted asylum has applied for and received an Employment Authorization Document (EAD) (even if expired), they are considered registered under this policy.
- An application for DACA, TPS, or asylum—or a grant of DACA, TPS, or asylum alone—does not satisfy the registration requirement. However, an EAD is explicitly listed as proof of registration.
- People with DACA or TPS who have not been granted an EAD but who have been granted advance parole may also count as already registered.
- People who applied for and/or received DACA, TPS, or asylum but did not receive an EAD must complete the new registration process.
What Is the Actual Process of Registration? The new rule outlines the registration process for those required to register:
- If they don’t already have one, the client needs to create an online account with USCIS at https://my.uscis.gov.
- Complete and submit Form G-325R, providing detailed biographic and immigration history information.
- Attend a biometrics appointment at a USCIS Service Center, where fingerprints, a photograph, and a signature will be collected.
- Undergo background checks, including a criminal history check.
- Receive a “Proof of Alien Registration” document in the USCIS online account after verification is completed.
Immediate Actions for Attorneys
- Identify Clients Who Must Register: Review your current caseload and identify clients subject to this new requirement.
- Pay special attention to undocumented clients and nonimmigrants whose children are approaching their 14th birthday.
- Advise Clients on Compliance
- Advise your client of the risks and consequences of both registering and avoiding registration so they can make an informed decision on whether or not to register.
- Assist clients in completing Form G-325R and setting up a USCIS account.
- Ensure Clients Understand Their Obligations
- Carrying proof of registration is mandatory—noncompliance can result in a misdemeanor, punishable by a fine of up to $5,000, imprisonment for up to 30 days, or both.
- Address changes must be reported to DHS within 10 days. Failure to register a change of address is a misdemeanor, subject to a fine of up to $5,000, imprisonment for up to 30 days, or both.
Next Steps & Resources
- Resources:
- Text of the Interim Final Rule, Alien Registration Form and Evidence of Registration
- Client flyer: What is myUSCIS? available in English and Spanish
- NILC Know Your Rights: Trump’s Registration Requirement for Immigrants
- AILA Practice Alert
- American Immigration Council Fact Sheet
- Asista Policy Alert: Registration Requirement