Who Must Register Under the 1940 Alien Registration Law?
A Guide for Noncitizens, Families, and Legal Professionals (2025 Update)
The federal government has revived enforcement of the 1940 Alien Registration Act, requiring many noncitizens in the United States to register with immigration authorities. This post breaks down—clearly and simply—which categories of noncitizens must register, who is already considered registered, and who is exempt. If you are a lawyer, advocate, or noncitizen trying to make sense of these rules, this guide is for you.
Background: Why Is This Happening Now?
- The Law: Section 262 of the Immigration and Nationality Act (INA) requires most noncitizens (aliens) age 14 and older who are in the U.S. for 30 days or more to register and be fingerprinted. Parents or guardians must register children under 14. Aliens over 18 must always carry proof of registration. Failure to comply can result in fines, jail, and even deportation.
- Recent Change: As of April 11, 2025, the U.S. government is actively enforcing these rules for the first time in decades, with a new online registration process (Form G-325R).
Who Must Register?
You MUST Register if You Are:
- A noncitizen age 14 or older in the U.S. for 30 days or more, and you do not already have proof of registration (see below for who is already registered).
- A parent or guardian of a child under 14 who is in the U.S. for 30 days or more and does not already have proof of registration.
- A child who turns 14 while in the U.S.—even if previously registered by a parent, you must re-register and be fingerprinted within 30 days of your 14th birthday.
- A Canadian visitor who entered at a land port of entry and was not issued a Form I-94 and is staying in the U.S. for 30 days or more.
- A person who entered the U.S. without inspection or admission (i.e., crossed the border illegally or overstayed a visa and never received a registration document).
- A recipient of DACA, TPS, or other relief who was not issued an Employment Authorization Document (EAD) or other registration proof.
- Anyone else not listed below as “already registered” or “exempt.”
Who Is Already Registered?
If you are in one of these categories, you do NOT need to register again (but you must always carry proof if you are 18 or older):
- Lawful Permanent Residents (Green Card holders).
- Anyone issued an immigrant or nonimmigrant visa before their last entry to the U.S.
- Anyone issued an Employment Authorization Document (EAD)—even if expired.
- Anyone issued a Form I-94 or I-94W (Arrival/Departure Record), even if expired.
- Anyone who has applied for lawful permanent residence (Forms I-485, I-687, I-691, I-698, I-700) and provided fingerprints, even if the application was denied.
- Anyone issued a Border Crossing Card.
- Anyone paroled into the U.S. (even if parole has expired).
- Individuals in removal proceedings (issued a Notice to Appear or similar charging document) – Already registered; no need to register again.
Who Is Exempt?
- Diplomats and international organization representatives (A and G visa holders).
- Certain American Indians born in Canada (under 8 U.S.C. § 1359).
- Members of the Kickapoo Traditional Tribe of Texas.
- Short-term visitors (in the U.S. for less than 30 days).
- U.S. citizens and nationals (not subject to these rules).
Quick Reference Table: Who Must Register?
| Category | Must Register? | Notes |
|---|---|---|
| Entered without inspection, no prior registration | YES | Must register within 30 days of arrival or immediately if already present |
| Canadian visitor, no I-94, >30 days in U.S. | YES | Applies to most land border entrants |
| Child under 14, not registered | YES | Parent/guardian must register child |
| Child turning 14 in U.S. | YES | Must re-register within 30 days of 14th birthday |
| DACA/TPS/relief recipient, no EAD/registration document | YES | Must register |
| Lawful Permanent Resident (Green Card holder) | NO | Already registered |
| Entered with visa/I-94/EAD/Border Crossing Card | NO | Already registered |
| In removal proceedings (Notice to Appear issued) | NO | Already registered by virtue of being placed in proceedings; no further action required |
| Paroled into U.S. (even if parole expired) | NO | Already registered |
| Diplomat/Int’l Org. Rep. (A/G visa) | NO | Exempt |
| Certain American Indians born in Canada | NO | Exempt |
| U.S. citizen or national | NO | Not subject |
| In U.S. <30 days | NO | Not subject |
What Happens If You Don’t Register?
- Criminal and civil penalties: Fines, jail time, and possible removal from the U.S.
- Future immigration consequences: Failure to register can affect future visa, green card, or citizenship applications.
- Proof of registration: Noncitizens age 18+ must always carry proof of registration—failure is a misdemeanor.
How to Register (If Required)
- Create a USCIS online account
- Complete Form G-325R (Biographic Information – Registration)
- Attend a fingerprint appointment if scheduled
- Download and print your proof of registration
Constitutional and Procedural Challenges to Registration Enforcement
The Department of Homeland Security’s implementation of the Alien Registration Act via Interim Final Rule (effective April 11, 2025) is facing significant legal challenges on grounds of procedural due process, notice deficiencies, and constitutional overreach. The principal arguments in current litigation include:
1. Violation of the Administrative Procedure Act (APA)
Plaintiffs in federal court argue that the rule is not a mere procedural update but a legislative action requiring notice-and-comment under the APA. The rule imposes new substantive obligations by creating a universal registration system for millions of noncitizens, designating Form G-325R as the sole compliance method, and expanding biometric requirements beyond what the statute authorizes. Courts have previously held that major policy shifts of this nature require meaningful public input.
2. Arbitrary and Capricious Rulemaking
The rule is also challenged as arbitrary and capricious because it fails to account for technological barriers faced by many registrants, lacks adequate language access, and contradicts existing exemptions for individuals in removal proceedings. Some courts have already dismissed charges where defendants lacked the ability to access or understand the online registration system.
3. Fifth Amendment Self-Incrimination Risks
Form G-325R requires registrants to disclose potentially incriminating information about their immigration status and history, raising Fifth Amendment concerns. Legal advocates argue that compelling such admissions under threat of prosecution for non-registration forces individuals to choose between self-incrimination and criminal liability.
4. Judicial Rejections of Constructive Notice
Multiple courts have dismissed charges under the registration statute, finding that “willful” violations require actual notice to defendants. Cases have been dismissed where the government failed to show that individuals had meaningful notice of the new requirements or the ability to comply.
Pending Appellate Issues
Appellate courts are now considering whether the Department of Homeland Security circumvented the Paperwork Reduction Act by implementing Form G-325R without proper approval, whether the rule’s enforcement results in unlawful disparate impact, and whether “carry papers” requirements violate Fourth Amendment protections against unreasonable searches and seizures.
Practice Note: Defense counsel should consider challenging registration-related charges on grounds of lack of mens rea, due process violations, and suppression of evidence obtained through potentially unlawful registration procedures.
Key Takeaways
- Most noncitizens who have ever received a visa, green card, EAD, or I-94 are already registered.
- If you entered without inspection, are a Canadian visitor without an I-94, or a child turning 14, you likely must register.
- Always carry proof of registration if you are 18 or older.
- If in doubt, consult an immigration lawyer.
This information is current as of May 31, 2025. For updates and official instructions, always check the USCIS website and consult with a qualified immigration attorney.
Sources: Congressional Research Service, USCIS
Source: For the original USCIS regulation and rule on the Alien Registration Act enforcement, see the Federal Register Interim Final Rule published by DHS and USCIS, March 12, 2025. This rule designates the new registration form (Form G-325R) and outlines the registration requirements effective April 11, 2025.
