Late last month, the Trump administration and USCIS announced a “new” registration program for non-US citizens, set to go into effect soon. That’s important to note—this program is not yet in effect, and no action is needed right now.
While referred to as “new,” it’s actually based on an old immigration law that hasn’t been used in decades. However, the law does exist and the Trump administration plans to create a tool to bring it back into effect.
The Registry program has two key components:
- Registration Requirement – Eligible non-U.S. citizens will need to register.
- Proof of Registration – Participants must always carry proof of their registration.
Naturalized U.S. citizens are not required to participate in this program.
Who Has to Register?
Anyone in the United States who meets all of the following criteria:
- Age 14 or older
- Has not been fingerprinted by USCIS as part of an immigration process
- Has been in the U.S. for at least 30 days
Who Does this Impact?
- Individuals who entered the U.S. without inspection and do not have one of the required documents (listed below).
- Anyone 14 or older who was not fingerprinted as part of an immigration process and has been in the U.S. for at least 30 days.
- Canadians who may not receive an I-94 entry document or have their fingerprints taken when entering the U.S.
When Do I Have to Register?
We currently don’t know, as USCIS has not announced a start date. We will share more guidance as soon as we have updates.
However, you can go ahead and create a myUSCIS account (requires only an email) to receive updates when the Registry link goes live.
What Documents are Proof of Registration?
- I-94 document
- Canadian Border Crossing Card
- Mexican Border Crossing Card
- Lawful Permanent Resident Card (Green Card)
- Employment Authorization Document (Work Card)
- Notice to Appear
What Happens if I Don’t Register?
If charged or convicted under this law—or if a parent fails to register their child—the penalty is:
- Up to six months in jail
- Fines up to $1000
What Happens if I Don’t Have Proof of Registration?
You must carry proof of registration at all times.
If charged or convicted under this law, the penalty is:
- A misdemeanor charge
- Fines up to $100
What Are Some Problems with Registration?
There are quite a few issues!
Firstly, this will require people who have lived in the U.S. undetected to come forward and provide their name and address to USCIS, whose responsibilities are shifting from a benefits agency to a law enforcement agency. The information USCIS receives can be shared with ICE or law enforcement—so far, there is no guidance on whether it will be protected or freely shared. Those who are undocumented and fail to register could face criminal prosecution in addition to civil immigration actions, such as deportation.
While we are not currently advising immigrants who are required to register on one course of action or another, we want to highlight the significant challenges that this new registration program creates. Required registration puts undocumented immigrants in a no-win situation—if they don’t register, they risk prosecution and deportation, but if they do register, they are voluntarily providing their information to USCIS, which can share it with ICE. This means they are exposing themselves to the very enforcement actions they were trying to avoid, putting them at risk of deportation either way.
Secondly, there is currently no guidance on how registration affects those who have been fingerprinted but have not received their work card yet. What happens to them? They have complied with registry requirements but lack proof of registration through no fault of their own. This is especially troublesome for U visa applicants, who often wait five years or more to obtain a work card after filing an application.
Lastly, USCIS has only stated that expired I-94s and parole documents are considered valid proof of registration so far. It is currently unclear whether other expired documentation, such as an expired work card, would also be sufficient. If the goal is simply to ensure registration, expired documents should count—but this is not confirmed yet. There needs to be more guidance.
In Conclusion
Generally speaking, being in the US without immigration status is not a crime. It’s a civil violation (like speeding) that carries consequences, but individuals in the U.S. without status are not criminals—despite what some politicians and media outlets may suggest. However, this new registry law has created a pathway for the administration to turn being in the U.S. without proper registration or documentation into a criminal offense. It’s another tool designed to give ICE and the administration more authority to detain, fine, and deport people.
We will certainly stay informed on any developments and will be advising our clients individually as we learn more.
Many thanks to the American Immigration Council and their Rapid Analysis.