Understanding the New DHS Registration Requirement for Noncitizens

Understanding the New DHS Registration Requirement for Noncitizens

On March 12, 2025, the Department of Homeland Security issued an Interim Final Rule requiring certain noncitizens in the United States to register and, in some cases, be fingerprinted. This regulation, effective April 11, 2025, has significant implications for noncitizens and their families. Let’s see the key aspects of this new requirement and its potential consequences.  

Who is Subject to the Registration Requirement?

The registration requirement applies to noncitizens who meet specific criteria, including:  

Individuals not fingerprinted during visa applications: Noncitizens who entered without inspection or have not been fingerprinted for immigration benefits.  

Children under 14: Parents must register children under 14 who are present in the U.S. on temporary visas. These children will need to be fingerprinted within 30 days of turning 14.  

Green card holders under age 14: Permanent residents who obtained their green cards before turning 14 must register and be fingerprinted upon reaching that age.  

Canadians: Canadians entering at land ports of entry intending to stay for 30 days or longer must register but are exempt from fingerprinting.  

What is the Registration Process?

The process involves several steps:  

Online Form Submission: Noncitizens must create a MYUSCIS account and complete Form G-325R (Biographic Information – Registration). The form requires detailed personal information, including address history, immigration history, and criminal records.  

Fingerprinting Appointment: USCIS will schedule a fingerprinting appointment for those required to provide biometrics.  

Proof of Registration: Once registered, individuals will receive proof of registration through their MYUSCIS account. This document must be carried at all times by noncitizens aged 18 and older.  

Penalties for Noncompliance Failure to comply with the registration requirement can result in severe penalties:  

Fines and Imprisonment: Willful failure to register or provide fingerprints is punishable by fines up to $5,000 or imprisonment for up to six months.  

Deportation Risks: Noncompliance may also lead to removal proceedings unless the individual can prove their failure was excusable or not willful.  

Address Updates: Noncitizens must notify DHS of any address changes within ten days or face additional penalties.  

Risks of Registration  

While compliance is mandatory, registering carries risks for certain individuals:  

Exposure to Enforcement Actions: Registering may reveal undocumented status or past immigration violations, potentially leading to deportation proceedings.  

No Legal Benefits: Registration does not grant legal status, work authorization, or other immigration benefits.  

Complexity for Families: Mixed-status families may face challenges balancing compliance with avoiding enforcement risks.  

Implications for Noncitizens: The new regulation affects approximately 3.2 million foreign nationals in the U.S., particularly undocumented individuals and those in mixed-status families.  

Legal Advice is Crucial: Noncitizens should consult immigration attorneys before registering to understand their rights and potential risks.  

Employer Awareness: Employers should ensure noncitizen employees comply with registration requirements to avoid disruptions in employment eligibility.  

The DHS registration requirement represents a significant shift in immigration enforcement policy. While it aims to enhance compliance with federal laws, it also imposes burdens on noncitizens and creates potential risks for vulnerable populations. Noncitizens should act promptly but cautiously, seeking legal guidance where necessary to navigate this complex new landscape effectively.

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