On January 20, 2025, President Trump issued the Protecting the American People Against Invasion executive order requiring foreign nationals to register with the government under section 262 of the Immigration and Nationality Act (INA 262). On March 11, 2025, The Department of Homeland Security issued an Interim Final Rule (IFR) implementing the executive order. The IFR is scheduled to take effect on April 11, 2025.
Please note that a lawsuit challenging the registration requirement on procedural grounds is currently pending in federal court and it is possible that the effective date of the IFR may be postponed.
Once registration and fingerprinting (if required) are completed, DHS will issue proof of registration. Foreign nationals aged 18 and older must carry this documentation at all times.
All unregistered persons (or registered children upon turning 14) are obligated to comply with these requirements. Failure to register may result in civil and criminal penalties, including misdemeanor prosecution and fines.
Who Has Already Registered?
The following individuals are considered registered:
- Lawful permanent residents;
- Foreign nationals paroled into the U.S. under INA 212(d)(5), even if their parole period has expired;
- Nonimmigrants issued a Form I-94 or I-94W (paper or electronic), even if their admission period has expired;
- Foreign nationals issued immigrant or nonimmigrant visas before arrival in the U.S.;
- Foreign nationals placed in removal proceedings by DHS;
- Foreign nationals with an employment authorization document;
- Foreign nationals who applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, or I-700, even if denied;
- Foreign nationals issued Border Crossing Cards.
New Registration Process for Previously Unregistered Individuals
While many foreign nationals in the United States have complied with registration requirements, a significant number have lacked a direct process to fulfill their obligations under INA 262. To address this, USCIS is introducing a new registration form (Form G-325R) and process.
Important: Registration does not confer immigration status, employment authorization, or any other benefit under the INA or U.S. law.
Who Must Apply for Registration?
While there are exceptions for certain American Indians born in Canada as well as certain members of the Texas Band of Kickapoo Indians, the exemptions from registration are otherwise limited. The following individuals are required to register:
- Foreign nationals aged 14 or older who were not registered and fingerprinted when applying for a U.S. visa and who remain in the U.S. for 30 days or longer. They must register before the 30-day period expires.
- Parents or legal guardians of foreign nationals under 14 who have not been registered but remain in the U.S. for 30 days or longer must register on their child’s behalf. Registration must occur before the 30-day period expires.
- Foreign nationals who turn 14 in the U.S., regardless of prior registration, must re-register within 30 days of their birthday.
Who Is Not Registered?
Foreign nationals who have not been issued registration documents and have not submitted the required forms, including fingerprinting (if required), are considered unregistered. This includes:
- Foreign nationals present in the U.S. without inspection, admission, or parole.
- Canadian visitors who entered through land ports of entry and were not issued registration documents.
- Foreign nationals who applied for Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS) but were not issued registration evidence.
How to Register
Form G-325R must be filed online and all foreign nationals required to register must have their own USCIS online account in order to submit the form. Instructions on account creation can be found on the How to Create a USCIS Online Account page. Please note that, in addition to requiring extensive information about the registrant, the form also requires detailed information about the registrant’s spouse and parents as well as prior residences over the past five years.
Meltzer Hellrung will continue to monitor the status of litigation affecting the registration process and will provide updates as they are available.