On Jan. 20, 2025, the Trump administration issued an executive order entitled “Protecting the American People Against Invasion,” aimed at enhancing compliance with the Immigration and Nationality Act (INA) section 262. This statute outlines the mandatory registration and fingerprinting requirements for certain non-U.S. citizens who have not previously registered and who are staying in the country for extended periods.
Under INA section 262, all aliens 14 years of age or older who were not fingerprinted or registered when applying for a U.S. visa and who remain in the United States for 30 days or longer must apply for registration and fingerprinting. Parents and guardians must ensure that their children below the age of 14 are registered. Children must re-register and be fingerprinted within 30 days of their 14th birthdays.
The Department of Homeland Security (DHS) will introduce a new registration form and process to complete the registration requirement. While additional guidance has not been issued at the time of this blog, noncitizens who did not previously register must create a U.S. Citizenship and Immigration Services (USCIS) online account to facilitate the registration process starting Feb. 25, 2025. Once registered and fingerprinted (unless waived), DHS will issue evidence of registration, which noncitizens over the age of 18 must carry at all times. Failure to comply with these requirements will result in criminal and civil penalties, including misdemeanor prosecution and fines. Certain groups, such as American Indians born in Canada, are exempt from registration.
The executive order considers lawful permanent residents, noncitizens paroled into the United States (even if the parole period has expired), nonimmigrants with an I-94 or I-94W (even after their admission period has expired), noncitizens with immigrant or nonimmigrant visas issued before arrival, those in removal proceedings, individuals with employment authorization documents, those who applied for permanent residence (even if their applications were denied), and individuals issued Border Crossing Cards as registered for purposes of INA section 262. Noncitizens present in the United States without inspection and admission or inspection and parole, Canadian visitors who entered the country via land ports of entry and were not issued evidence of registration, and Deferred Action for Childhood Arrivals and Temporary Protected Status recipients who were not issued evidence of registration are considered unregistered and must comply with forthcoming guidance regarding registration.
The executive order specifically seeks to identify undocumented immigrants who were not inspected upon entry to the United States. Once the registration system takes effect, Immigration and Customs Enforcement agents and other law enforcement officials will be able to request evidence of registration from individuals within the United States. Failure to provide this evidence may result in detention and removal, though individuals may be deported even if they provide evidence of registration.
Potential Impacts of the Executive Order
The executive order may impact undocumented immigrants in the following ways:
- Increased Enforcement: The order prioritizes the removal of non-citizens and expands the use of detention facilities. Undocumented immigrants may face detention and expedited removal processes.
- Use of Military Forces: The order includes provisions for the use of military forces to support immigration enforcement activities, both at the border and within the country’s interior. This increases the manpower available for deportation operations.
- Expedited Removal: The order prioritizes using expedited removal processes, which allow for quicker deportations without the need for lengthy court proceedings.
- Revocation of Previous Policies: The order revokes previous executive orders that may have provided protections or slowed down the deportation process.
- Additional Executive Authority: The declaration of a national emergency at the southern border unlocks additional executive authority and funding for border security and deportation efforts. This includes the use of Department of Defense resources to support immigration enforcement.
- Registration Requirements: Undocumented immigrants must register and be fingerprinted if they remain in the United States for 30 days or longer. Failure to comply with these registration requirements may result in criminal and civil penalties, including fines and misdemeanor prosecution that may ultimately lead to removal processes.
- Impact on Sanctuary Jurisdictions: The order restricts federal funding to sanctuary jurisdictions that do not cooperate with federal immigration enforcement. This may strain relationships between federal agencies and local governments, and potentially reduce resources available to undocumented immigrants in those areas.
- Overburdened Systems: The increased enforcement and detention measures may overburden immigration detention centers and court systems, leading to delays and backlogs in immigration proceedings.
- Potential Hardships: Enforcement policies may lead to humanitarian concerns, including family separations and detainee treatment.
Considerations for Noncitizens
Noncitizens present in the United States should consider taking steps to enhance compliance with the new executive order and immigration regulations, including the following:
- Comply with Registration Requirements: Create a USCIS account as the executive order mandates.
- Stay Informed and Monitor Policy Changes: Keep up to date with changes in immigration policies and executive orders that may affect their status.
- Legal Updates: Follow updates and information disseminated from organizations and government agencies that specialize in immigration law.
- Maintain Valid Documentation: Ensure that visas, passports, and any other immigration documents are valid and up to date. This includes renewing passports at least six months prior to expiration and keeping copies of all important documents.