In a move that has drawn strong condemnation from legal and human rights advocates, U.S. Citizenship and Immigration Services (USCIS) has recently announced new measures. These measures enforce the long-standing “Alien Registration Requirement” under Section 262 of the Immigration and Nationality Act (INA). This policy, which went into effect on April 11, 2025, requires undocumented immigrants and certain other non-citizens who have not previously registered to do so using a new online form and process. The changes are part of a broader executive order that aims to identify and track unregistered non-citizens.
The new process requires affected individuals to create a USCIS online account and submit a new form, G-325R. Failure to comply with these registration requirements carries severe penalties. These include fines, up to six months in prison, and potential deportation proceedings. The policy also places the responsibility on parents or legal guardians to register children under the age of 14.
The American Immigration Lawyers Association (AILA), a leading professional organization for immigration attorneys, has been a vocal critic of these new measures. AILA has expressed concern that the broad and potentially vague nature of the new rule could lead to a “show me your papers” regime. In this scenario, individuals who appear “foreign” could be subject to arbitrary arrests and detentions by law enforcement. They could face this simply for not being able to produce proof of registration.
Furthermore, AILA has submitted formal comments to the Department of Homeland Security (DHS) arguing for the withdrawal of the new rule. For example, the form asks for a five-year address history, and inquires about any past criminal activity. This includes crimes that did not result in an arrest or conviction. AILA argues that this is an intrusive and potentially unconstitutional requirement. It violates the Fifth Amendment’s protection against self-incrimination. The organization has also criticized the government for implementing the rule as an interim final rule.
— What it is, who must register, and how to comply
The alien-registration requirement (ARR) is a long-standing federal obligation that requires many non-U.S. citizens who remain in the United States for a set period to register with the government and, in some cases, carry proof of registration. The modern rules and administrative tools are administered by DHS/USCIS; registration itself does not create immigration status or confer benefits, but failure to comply can carry civil or criminal penalties.
Who must register
- Federal law generally requires an alien 14 years or older who has not already been fingerprinted/registered and who remains in the United States 30 days or longer to apply for registration and be fingerprinted (8 U.S.C. §1302).
- Noncitizens with pending USCIS benefit requests must also keep their address current with USCIS by filing Form AR-11 (the change-of-address form). The AR-11 requirement is distinct from the ARR but frequently arises during intake.
Practical compliance steps
- Screen clients for ARR exposure (age, presence 30+ days, prior registration).
- Use the USCIS ARR Determination Tool and guidance page for current filing instructions and to document your client’s compliance steps.
- File AR-11 for any pending USCIS filings within 10 days of a move to avoid missed notices.
We can screen, prepare filings, request records, and counsel clients on mitigation and enforcement risk. Contact us for a fast intake if you have a client concerned about ARR compliance.
