On Monday, USCIS launched a new webpage explaining “Alien Registration”, the first step in fulfilling the president’s order to register all non-citizens in the United States. This process is still in the early stages, and little is known outside of what is contained on the USCIS webpage, including how registration is expected to occur or when.
Individuals are not required to do anything yet!
Individuals will need to register if they are at least 14 years or older and did not register when applying for a visa to enter the US and who remained longer than 30 days. For children under the age of 14, their parents or guardians are expected to register on their behalf. Children are expected to register within 30 days of their 14th birthday even if they have already been registered by a parent or guardian.
This registration requirement does not apply to non-citizens who have already registered with the government, including:
- Lawful permanent residents;
- Individuals paroled into the United States under INA 212(d)(5), even if the period of parole has expired;
- Individuals admitted to the United States as nonimmigrants who were issued Form I-94 or I-94W (paper or electronic), even if the period of admission has expired;
- Individuals present in the United States who were issued immigrant or nonimmigrant visas prior to arrival;
- Individuals whom DHS has placed into removal proceedings;
- Individuals issued an employment authorization document;
- Individuals who have applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, I-700, even if the applications were denied; and,
- Individuals issued Border Crossing Cards.
The last time we saw something like this was with the Special Registration program that the Bush Administration had introduced shortly after 9/11. Under that program, 83,000 individuals from predominantly Muslim countries registered, with 13,000 subsequently placed in removal proceedings.
Individuals subject to registration should speak to an attorney to see how to approach this. Registration could lead to being placed in removal proceedings, or even make individuals subject to expedited removal if they have been in the US for less than 2 years. However, failure to register may lead to criminal charges and ineligibility for future immigration status.