FAQ’s The Trump Administration’s Immigration Registration Requirement
April 15, 2025
Background
The Alien Registration Act of 1940, otherwise known as the Smith Act, is a wartime law that dates back to June 28, 1940. In general, the law requires all undocumented immigrants in the country that stay over 30 days to register with the government and get fingerprinted. This law was then integrated into the Immigration and Nationality Act of 1952. The implementation of this law over the years has not been universal and instead has relied on existing immigration processes. Conversely, this new requirement is universal in scope and is part of the Trump Administration’s mass deportation plans.
On February 25, the Department of Homeland Security (DHS) announced the imminent creation of the registration process for undocumented immigrants for two stated reasons. First, the intention is to prosecute, detain, and deport these immigrants. Second, it is meant to further the administration's goal of encouraging self-deportation by making immigrants fearful of this process. On March 7, 2025, DHS released the interim final rule that became effective on April 11, 2025.
How will the new registration requirement affect communities?
The Trump Administration is invoking an antiquated law to criminalize, target, detain, and deport individuals for being undocumented. The government plans to use the registration process to arrest and prosecute individuals leading to their deportation as well as to sow fear and confusion.
What is the registration process?
The Rule instructs individuals to create a myUSCIS online account with U.S. Citizenship and Immigration Services (USCIS). After creating the account, individuals must complete and submit Form G-325R. This form will request biographical information about the individual registering such as country of citizenship status, country of birth, and date of arrival into the United States. In addition, the form will require individuals to fill out an “activities” section that could lead to self-incrimination in violation of constitutional rights Once the form is submitted, USCIS will send a notice for an appointment that will require the individual to be fingerprinted and photographed. The government will then run a background check and create “proof of registration” which will be available on the individual’s USCIS account.
Who is already registered under the Rule?
According to the Rule, there are groups of noncitizens who will most likely already be registered and do not need to use this new process. It is important for individuals to consult a trusted immigration lawyer for any information about their specific status and the registration process. The following may be registered:
- Lawful permanent residents (green card holders)
- Individuals who applied for permanent residence (approved, pending or denied)
- Individuals granted employment authorization documents (valid or expired)
- Individuals admitted to the United States on a nonimmigrant or immigrant visa (valid or expired)
- Individuals granted parole under INA 212(d)(5)
- Individuals who are or were in deportation or removal proceedings
- Refugees
- Individuals who have Border Crossing Cards (valid or expired)
Who needs to register?
The Department of Homeland Security estimates that the affected population ranges from 2.2 to 3.2 million individuals. The Rule outlines those who are considered unregistered and must do so and get fingerprinted:
- Children who turn 14 years old—and within 30 days of their birthday even if their parent or legal guardian has previously registered them without fingerprints being taken.
- Individuals who entered without inspection and have not had previous interactions with DHS
- Individuals who entered without inspection and have previously applied or have been granted asylum, Deferred Action for Childhood Arrivals (DACA), Temporary
Protected Status (TPS), and did not apply for an Employment Authorization Document (EAD) or advance parole
- Children who have pending immigration petitions or other derivative beneficiaries of immigrant petitions who have not been granted an EAD
- Tourists who were not issued an I-94 upon arrival or departure
Is there a deadline to register?
In the Rule there is generally no clear deadline for registration. The only stated registration deadline applies to noncitizen children who turn 14 years of age – they must register in person and be fingerprinted within 30 days of their birthday even if they were previously registered by a parent or guardian.
What documents should I carry to prove I have registered?
If individuals have one of the following forms, it can be used as proof of registration:
- Legal permanent resident or green card
- I-94 or I-94W
- Notice to appear (NTA)
- Employment authorization document
- Border crossing card
- Nonimmigrant or immigrant visa
- Parole documents
- The proof of registration generated by the new process after filling out Form G-235R
What are the potential consequences of registering and not registering?
It is important for community members and immigrants in the United States to consider how registration may make them vulnerable to prosecution.
1) Under this Rule an undocumented immigrant who does not register, fails to be fingerprinted could be subject to a fine of up to $5,000 or imprisonment for up to six months, or both.
2) If an immigrant does register, they can still be subject to penalties of up to $5,000 or up to 30 days in prison or both, if they fail to carry proof of registration.
3) If an immigrant does not submit a change of address within 10 days of moving, they can still be subject to penalties of up to $5,000 or up 30 days in prison or both.
It is important for community members with questions about the registration process to consult a trusted immigration lawyer.