Labor & Employment Developments Blog

On January 20, 2025, President Trump issued Executive Order 14159 ”Protecting the American People Against Invasion,” directing the Department of Homeland Security (“DHS”) to ensure that foreign nationals comply with their duty to register with the government under section 262 of the Immigration and Nationality Act (“INA”), and providing that failure to comply with the registration requirement is treated as a civil and criminal enforcement priority.

Under the INA, all foreign nationals 14 years of age or older who were not registered and fingerprinted (if required) when applying for a visa to enter the United States and who remain in the United States for 30 days or longer, must apply for registration and fingerprinting. The INA also authorizes and directs the DHS to prepare forms for the registration and fingerprinting of foreign nationals. The Executive Order calls for renewed enforcement of these existing requirements.

In response to the Order, on March 12, 2025, the U.S. Citizenship and Immigration Services (“USCIS”), and DHS issued an Interim Final Rule with request for comments. The Interim Final Rule went into effect on April 11, 2025.

The Interim Final Rule requires foreign nationals to register using the revised form G-325R.

Who Must Register?

• All foreign nationals 14 years of age or older who were not registered and fingerprinted (if required) when applying for a visa to enter the United States and who remain in the United States for 30 days or longer;
• The parents or legal guardians of foreign nationals less than 14 years of age: parents or legal guardians must apply for the registration of aliens less than 14 years of age who have not been registered and remain in the United States for 30 days or longer; and
• Any foreign national, whether previously registered or not, who turns 14 years old in the United States, within 30 days after their 14th birthday.

Those who must register must do so before the expiration of the 30 days.

Who is Already Registered?

Foreign nationals who have already registered include:

• Lawful permanent residents;
• Foreign nationals paroled into the United States under INA 212(d)(5);
• Foreign nationals admitted to the United States as nonimmigrants who were issued Form I-94 or I-94W (paper or electronic);
• All foreign nationals present in the United States who were issued immigrant or nonimmigrant visas before their last date of arrival;
• Foreign nationals placed into removal proceedings;
• Foreign nationals who have been issued an employment authorization document;
• Foreign nationals who have applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, I-700, and provided fingerprints (unless waived); and
• Foreign nationals issued Border Crossing Cards.

The Interim Final Rule directs those who are required to register to open a USCIS account online and submit the new Form G-325R. DHS also directs those who register to carry and have in their personal possession evidence of their registration at all times. The Rule also imposes criminal penalties for failing to carry evidence of registration. Those who fail to carry evidence of registration will be guilty of a misdemeanor and fined an amount not to exceed $5000. The failure to carry evidence of registration also carries a prison sentence of not more than 30 days.

KMK Law will continue to monitor new developments affecting this matter. Should you have any questions, please contact the KMK Labor & Employment Group.