DHS to Enforce Penalties for Immigration Violations: Alien Registration Requirement and Importance of Change of Address Compliance

Update: On April 10, 2025, a DC federal judge refused to block the rule from going into effect as scheduled on April 11, 2025

On February 25, 2025, the U.S. Department of Homeland Security (DHS) announced that it will seek to enforce previously underutilized federal statutes, including penalties for individuals who fail to notify the government of a change of address. Under these renewed enforcement policies, failure to register, provide updated address information, or depart the U.S. as required may result penalties, ranging from fines to imprisonment.

New Form and Process for Alien Registration Requirement

On January 20, 2025, President Trump issued Executive Order 14159, directing the U.S. Department of Homeland Security (DHS) to enforce the mandatory registration of all non-U.S. citizens that is set forth in the Immigration and Nationality Act (INA) §262 (8.U.S.C. §1302). There have been similar special registration programs in the past, most recently the National Security Entry Exit Registration System (NSEERS) program after the 9/11 terrorist attack in New York, and in the 1940s under the Alien Registration Act of the 1940s.

On March 12, 2025, DHS published an Interim Final Rule that goes into effect on April 11, 2025. Under the IFR, all non-U.S. citizens age 14 years and above, who will remain in the United States for 30 days or longer, should be prepared to register. Registration can be completed online using Form G-325R and attendance at a biometrics appointment. Adults 18 years or older must carry proof of registration or face imprisonment of up to 30 days, a fine of up to $5,000, and/or a criminal misdemeanor conviction.

Pending Legal Challenge

On March 31, 2025, several nonprofit organizations sued to block the Interim Final Rule creating the new registration regime. The lawsuit argues that the rule is not merely procedural, as DHS claims, but instead imposes significant burdens, is confusingly written, and was enacted unlawfully. The case was filed in the U.S. District Court for the District of Columbia by organizations including the American Immigration Council, ACLU, and National Immigration Law Center, on behalf of immigrant rights groups. McCown & Evans will closely monitor this lawsuit and provide updates in the event that a court blocks the new registration regime from taking effect on April 11, 2025 as scheduled. Meanwhile, we wish to share details regarding the new registration procedures for your information and reference.

Who is considered already registered?

Most foreign nationals are already considered to be registered under 8 C.F.R. §264.1(a) or (b). These include:

• Lawful permanent residents;
  
• Individuals admitted as non-immigrants who were issued a Form I-94 or I-94W (paper or electronic), even if the period of admission has expired;
  
• Individuals who were issued immigrant or non-immigrant visas prior to their last date of arrival in the United States and were fingerprinted as part of the visa application process;
  
• A and G visa holders;
  
• Individuals who have been issued Employment Authorization Documents or Border Crossing Cards;
  
• Individuals whom DHS has placed in removal proceedings; and
  
• Individuals who were paroled into the United States under INA §212(d)(5), among others.
  

For a complete list of individuals who are already considered to be registered and are therefore exempt from the mandatory registration requirement, please visit this USCIS website.

Who is considered not yet registered and needs to act?

The following categories of individuals 14 years of age or older who remain in the U.S. for 30 days or longer should be prepared to complete the mandatory registration process:

• Individuals who entered the United States without inspection and admission or inspection and parole (that is, who crossed the border illegally), and who have not otherwise registered.

• Canadian visitors who were not issued an I-94 when they entered the United States at a land or sea port of entry, and who plan to remain in the United States for 30 days or longer. These Canadian visitors should register before the 30th day to be compliant. CBP now issues electronic I-94s to all travelers who enter through a U.S. airport, so most often it is Canadian visitors who entered the United States through a land border or by sea who might not always be issued an I-94. Canadians entering through a land border or by sea should request an I-94 record as confirmation of registration. Canadian citizens traveling to the United States by air should check the following CBP website to ensure that they have been registered, as evidenced by an electronic I-94 record.

• Individuals who applied for immigration benefits not listed in 8 CFR §264.1(a), including those who applied for Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS), and were not issued evidence of registration. This means that DACA or TPS recipients who were issued an EAD or issued a parole document and readmitted to the United States are considered registered. However, a DACA or TPS application or approval alone does not satisfy the registration requirement, since those types of benefits are not listed in 8 CFR §264.1(a).

• Children under age 14, whether previously registered or not, who are in the United States as lawful permanent residents or non-immigrants and turn 14 years old in the United States. These children must register and be fingerprinted within 30 days after their 14th birthday.
  

How can I prove my registration?

Under the Interim Final Rule, all non-U.S. citizens 18 years of age or older must carry proof of registration at all times. This includes the following forms and documents:

• Form I-94 or Form I-94W, available at https://i94.cbp.dhs.gov/home;
  
• Form I-551, Permanent Resident Card;
  
• Form I-766, Employment Authorization Document (EAD);
  
• Non-expired admission or parole stamp in foreign passport, issued by the Department of Homeland Security; and/or
  
• Proof of registration issued by USCIS upon submission of Registration Form G-325R at myUSCIS and subsequent completion of biometrics.

For a more comprehensive list of acceptable proof of registration, please review the Department of Homeland Security’s March 12, 2025 Alien Registration Form and Evidence of Registration Interim Final Rule in the Federal Register.

Penalties for Non-Compliance:

Non-Compliance with Registration and Biometrics Requirement: Impacted individuals who willfully do not register or complete biometrics risk receiving a misdemeanor criminal conviction that is punishable by a fine of up to $5,000 and/or imprisonment of up to 6 months.

Non-Compliance for Failure to Carry Proof of Registration: Non-U.S. citizens who are 18 year of age or older and who fail to carry proof of registration risk receiving a misdemeanor criminal conviction that is punishable by a fine of up to $5,000 and/or imprisonment of up to 30 days.

Registration Process:

Impacted individuals can register online through the myUSCIS service using Form G-325R starting April 15, 2025, when the rule is expected to take effect, according to DHS’s March 12, 2025 Interim Final Rule. Please note that parents or legal guardians are responsible for registering children under age 14. Each individual must file Form G-325R using their own myUSCIS account. USCIS will review the submitted forms and will invite individuals to attend biometrics appointments if necessary. You will receive proof of registration from USCIS upon completion of this process. Further details are available at this USCIS website.

Importance of Change of Address Compliance

We would like to remind clients that all non-U.S. citizens residing in the United States must inform U.S. Citizenship and Immigration Services (USCIS) of any change in their residential address within 10 days of moving. This requirement ensures that USCIS records remain current and that individuals receive all pertinent correspondence related to their immigration status. Please note that this is mandatory per 8 U.S.C. §1227(a)(3) and §1306. Non-compliance can result in serious consequences including fines, imprisonment, deportation, or ineligibility for future U.S. immigration benefits.

Who Must Report:

• Non-U.S. Citizens: The change of address reporting requirement applies to anyone who is not a U.S. citizen, including lawful permanent residents (i.e., green card holders) and non-immigrant visa holders. A and G visa holders, and individuals who are in the United States under the visa waiver program (ESTA), are not required to report changes of residential address.
  
• Anyone with a Pending Petition or Application: Applicants who have a pending petition with USCIS must also report their change of address.

How to Report:

1. Online Submission: The fastest way to notify USCIS of a change of address is online through the USCIS website.
2. Submission by Post: Individuals also have the option to complete Form AR-11, Alien’s Change of Address Card, and mail it to USCIS. Please find the form and mailing address at this USCIS website.

Consequences of Non-Compliance:

Failure to report a change of address within the mandated 10-day period can result in individuals not receiving important mail from USCIS. Under federal statutes, individuals who do not report their change of address also risk being charged with a misdemeanor punishable with a fine of up to $5,000, being imprisoned for up to 30 days or, in the worst-case scenario, being deported from the United States. Those found to be non-compliant also risk preclusion from future eligibility for U.S. visas or immigration related benefits.

Do not panic if you did not complete Form AR-11. Please plan on completing it as soon as possible. If you filled out Form AR-11 late (i.e. more than 10 days after moving addresses), do not worry. What is important is that you submitted the form.

Questions?

If you have any questions about the topics above, please reach out to your McCown & Evans attorney for more information.