As further implementation of the January 20, 2025 Executive Orders, DHS recently published an interim final rule regarding the requirement that certain non-citizens register with the U.S. Department of Homeland Security (DHS). The new rule went into effect on April 11, 2025.
The rule is intended to encourage registration for non-immigrants who lack legal status in the U.S. The following non-citizens are considered pre-registered and no action is needed: permanent residents, those with Employment Authorization Documents (EADs), those on sponsored work visas who have an I-94, their family members who have a valid I-94, and a few other categories. See our checklist below for more details.
Employers do not need to take any action at this time other than to continue to have an I-9 on file for all new hires and reverify the I-9 of any employee that has expiring work authorization.
Sheppard Mullin Checklist – DHS Alien Registration Requirement (ARR)
- Date: Effective April 11, 2025.
- Main Purpose: The new online filing is intended primarily to track individuals who entered the U.S. without inspection.
- Exempt from the Online Filing: The registration requirement is aimed only at individuals who are not in the country legally and are not otherwise registered with the U.S. Government. Therefore, exempt individuals include non-citizens who are lawful permanent residents (LPRs), those who have an I-94, those who have an EAD work permit, or those who have an EOIR Immigration Court case. These people were "registered" at the time they entered the U.S., received their EAD work permit, or were placed in removal proceedings.
- Canadians: Canadians entering by land generally do not receive an I-94 and if they stay more than 30 days, they are subject to the rule.
- How to File: Must file online using Form G-325R. The form asks a for detailed biographic history. See: https://www.uscis.gov/alienregistration
- Fee: There is no filing fee, as reflected on the G-325R.
- No Attorneys: Attorneys cannot use their online account to assist their clients with registering.
- Biometrics: Registration will trigger a biometrics appointment, which does not incur a fee at this time.
- Children: Parents must register on behalf of children under the age of 14.
- Penalty: Failure to register or produce proof of registration can lead to a misdemeanor conviction, with up to six months of imprisonment and/or a civil fine of $5,000.
- Change of Address: All non-citizens must update their address whenever they move. This can be done online at https://www.uscis.gov/addresschange. The same penalties that apply to failing to register, also apply to a non-citizen's failure to update their address upon moving.
- All Non-Citizens Must Carry Papers: Non-citizens who are 18 years of age and older and have an I-94 or EAD work permit must carry this proof on their person at all times, in the unlikely event they are asked by a DHS agent for proof of lawful status. While this requirement is not new, it is being enforced more aggressively.
Additional information about the new DHS alien registration requirement can be found on USCIS's website: https://www.uscis.gov/alienregistration. The authors are also available to answer any questions about this new requirement.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
