The Alien Registration Requirement and What It Means to You
Just the other day, the Trump administration announced its intention to create a new registry of non-citizens currently in the U.S. The registration process is still being worked out, but expect a new form and new process to be released soon. This registry may be an attempt to start deporting undocumented immigrants as soon as possible, furthering President Trump’s campaign promise to begin massive deportations on “day one.” Learn more about the Alien Registration Requirement below, and contact Gladstein & Messinger, P.C., for advice and representation from a skilled and experienced New York deportation defense immigration attorney.
Understanding the Duty to Register
Under section 262 of the Immigration and Nationality Act (INA), many non-citizens aged 14 and older who remain in the United States for 30 days or longer are required to register and be fingerprinted within that timeframe. For children under 14, their parents or legal guardians must ensure they are registered before the 30-day period elapses. This registration process is a legal obligation designed to maintain accurate records of all foreign nationals residing in the country.
The duty to register is not new. INA 262 was first enacted in 1952 and based on the anti-communist Alien Registration Act of 1940. Yet even though the registration requirement is more than 70 years old, there is still no single form or process to meet this obligation. These days and for some time, an individual’s immigration application serves as their registration. This means that there is no way for undocumented immigrants to register if they never applied for immigration status.
Recent Developments
On January 20, 2025, during Trump’s first day in office, an Executive Order (EO) titled “Protecting the American People Against Invasion” was issued from the White House, emphasizing the enforcement of existing immigration laws, including the alien registration requirement. Specifically, section 7 of the EO states,
“Most aliens in the United States have already registered, as required by law. However, a significant number of aliens present in the United States have had no direct way in which to register and meet their obligation under INA 262. In order that unregistered aliens may comply with their duty under INA 262, USCIS is establishing a new form and process by which they may register. No alien will have an excuse for failure to comply with this law.”
In alignment with this directive, the U.S. Citizenship and Immigration Services (USCIS) has been ordered to introduce a new form and process to facilitate compliance for unregistered non-citizens. This initiative aims to ensure that all individuals subject to the registration requirement can fulfill their legal duties without impediment.
Consequences of Non-Compliance
Non-compliance with the registration requirement carries serious repercussions. Individuals who fail to register may face civil and criminal penalties, including misdemeanor charges, fines up to $5,000, and imprisonment for up to six months. Moreover, non-compliance can adversely affect any future immigration benefits or relief one might seek, as adherence to registration laws is often a prerequisite for such considerations.
The very purpose of the registration requirement, in fact, might be to smooth the process of deporting undocumented immigrants. Failing to register is a crime, and those who have committed crimes will be in the first wave of detentions and deportations that are already underway. The White House might very well expect undocumented aliens to fail to register out of fear of removal, which will ironically pave the way for their removal when they are picked up and detained for failing to register.
How to Comply
To comply with the registration requirement, non-citizens should promptly complete the registration process through USCIS as soon as it becomes available. The newly established procedures are designed to be accessible and efficient, ensuring that all eligible individuals can register within the mandated 30-day period. For detailed information on the registration process and to access the necessary forms, refer to the official USCIS website for updates.
It is strongly advised that anyone thinking of complying with the registration requirement contact our office BEFORE registering at 718-793-7800 to schedule a consultation to discuss the consequences.
Legal Assistance With Immigration Applications and Deportation Defense in New York
U.S. immigration laws have always been complex and daunting, but the new era ushered in by the new administration should make every non-citizen in the country seek legal assistance. If you have questions or concerns about the alien registration requirement or any other immigration-related matters, it’s advisable to consult with experienced legal professionals. At Gladstein & Messinger, P.C., our team is dedicated to providing comprehensive legal support to help you understand your obligations and protect your rights. Contact us today to schedule a consultation and ensure you’re in full compliance with all applicable immigration laws.
