United States | Interim final rule on new registration requirements for certain noncitizen immigrants open to public comment

U.S. Citizenship and Immigration Services announced a new “alien registration” process as part of implementation of an executive order issued by President Trump in January. The interim final rule (IFR) was published in the Federal Register on March 12 and is open to public comment for 30 days (through April 11).

Key Points:

• Many noncitizens are already registered, including individuals who have been granted or applied for lawful permanent residence, received a Form I-94 when arriving in the U.S., were issued an Employment Authorization Document (EAD), or were issued a nonimmigrant or immigrant visa prior to their most recent arrival in the U.S.
• The complete registration requirements, including who has already been registered, can be found here.
• The policy requires that non-U.S. citizens aged 14 and older must register with USCIS, provide fingerprints and list their current address. Parents or guardians are also responsible for registering children in this category under 14.
• The IFR states that all unregistered noncitizens in the United States, including previously registered children who turn 14, are legally required to comply with these registration requirements.
• The revised form “Biographic Information (Registration)” is accessible through myUSCIS. Instructions on how to complete the form can be found here.
• Failure to comply with these requirements may result in civil and criminal penalties, including fines and potential imprisonment.
• Registration does not confer immigration status, work authorization or any other benefit under the Immigration and Nationality Act (INA) or U.S. law.
• The IFR is scheduled to become effective April 11. Public comments can be submitted here through that date.

Additional Information: President Trump’s executive order directs the Department of Homeland Security to enforce compliance with alien registration requirements under Section 262 of the INA (8 U.S.C. 1302). Most noncitizens in the United States have already registered. However, a significant number in the United States have had no direct way in which to register and meet their obligation under INA 262.

This alert has been provided by the BAL U.S. Practice Group.

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