Why It Matters
A recent Congressional Research Service report published August 4 examines how the Trump administration is reviving decades-dormant alien registration rules, potentially affecting millions of people in the United States. Non-compliance can result in removal or deportation, creating significant practical and legal consequences for undocumented immigrants and others currently outside the formal registration system.
The Big Picture
Alien registration requirements date back to the Naturalization Act of 1798, though they largely fell into disuse over recent decades. The Immigration and Nationality Act of 1952 codified registration and fingerprinting provisions that closely resembled earlier frameworks. Under existing law, aliens age 14 and older who remain in the United States for 30 days or more must apply for registration and fingerprinting. Parents or guardians must register children under 14. Failure to comply carries criminal penalties and can serve as grounds for removal.
The problem was bureaucratic: prior regulations did not provide a specific registration form for many categories of non-exempt aliens, particularly those who entered without inspection and were unlawfully present. USCIS acknowledged that a significant number of aliens present in the United States had no direct way to register and meet their obligation.
On January 20, 2025, President Trump issued Executive Order 14159, "Protecting the American People Against Invasion," which directed DHS to enforce alien registration requirements under INA §262 and directed agencies to treat alien registration requirements as a civil and criminal enforcement priority. In response, DHS published an Interim Final Rule on March 12, 2025, effective April 11, 2025, titled "Alien Registration Form and Evidence of Registration."
The rule created Form G-325R (Biographic Information – Registration) as a general registration mechanism. It required covered individuals to create a USCIS online account and electronically submit the registration form, with biometrics collection (fingerprinting) where required at no current filing fee. Registrants must report address changes within 10 days via their online account. A final rule with technical changes was published on June 29.
Political Stakes
On Capitol Hill, a bill to repeal the underlying 1940 act, H.R. 2129, was introduced in 2025 and remains pending in the House Judiciary Committee, signaling congressional resistance to the enforcement effort. Certain categories already have exemptions: lawful permanent residents, visa holders, parolees, and those with employment authorization documents are considered registered and are not required to use the new process.
Prosecutions under alien registration provisions have historically been rare, but shortly after the Interim Final Rule took effect, advocacy organizations sued to block it. Plaintiffs argued it imposed new substantive burdens and should have gone through notice-and-comment rulemaking under the Administrative Procedure Act. They also argued it was arbitrary and capricious. In April 2025, a federal district court denied plaintiffs' motion to stay the rule, finding they lacked standing. A subsequent motion for an injunction was denied. An appeal remains pending before the U.S. Court of Appeals for the D.C. Circuit.
Access the Legis1 platform for comprehensive political news, data, and insights.
Spot something wrong? Report an issue with this article