Subsequent Trump and Court Action(s)

• February 25, 2025

  USCIS "Alien Registration" Requirement

  USCIS announced that, in light of EO 14159, DHS would create a "form and process" for noncitizens to register with DHS and comply with the noncitizen registration requirement in INA § 262. All noncitizens 14 years of age or older who have not already registered must do so once the process to do so becomes available. Noncitizens who already have registered include those that have been issued certain documents (e.g., a Notice to Appear, a Permanent Resident Card, an Employment Authorization Document, an I-94 Arrival-Departure Record for noncitizens admitted on a nonimmigrant visa or paroled into the country) and fingerprinted. The parents and legal guardians of noncitizens younger than 14 also must register, regardless of their immigration status. The largest group on noncitizens who will now be required to register is those who entered without inspection and have had no subsequent contact with the federal government (including those who applied for benefits such as TPS or DACA but who have not been fingerprinted and whose applications were not approved).

  Those required to register are instructed to make a USCIS online account in anticipation of this process. Proof of registration must be kept in the individual's possession at all times.

  USCIS warned that "[f]ailure to comply will result in criminal and civil penalties, up to and including misdemeanor prosecution and the payment of fines."

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• February 28, 2025

  USCIS Form G-325R Biographic Information (Registration)

  USCICS has released a copy of Form G-325R, Biographic Information (Registration) in the USCIS online portal ("MyUSCIS"). To access the form, members of the public must create a USCIS online account.

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• March 12, 2025

  2025.03.12 USCIS Interim Final Rule - Alien Registration Form and Evidence of Registration

  USCIS issued an interim final rule (IFR), which will take effect on April 11, 2025, amending DHS regulations to designate a new registration form, Form G-325R, for noncitizens subject to the registration and fingerprinting requirements under the Alien Registration Act of 1940, also known as the Smith Act, and 8 USC 1301-1306.

  The IFR further articulates that under the alien registration requirements of the INA:

  • All noncitizens above the age of 14 who remain in the United States for 30 days or longer must register and provide fingerprints, with some exceptions, including:
    • visa holders who have been already registered and fingerprinted through their application for a visa,
    • those in U.S. for less than 30 days,
    • A and G visa holders, and
    • American Indians born in Canada who possess at least 50% blood of the American Indian race who are present in the US under the authority of 8 USC 1359).
  • For noncitizens under the age of 14 and who remain in the United States for 30 days or longer, their parents/guardians must register them. No fingerprinting is required. However, within 30 days of their 14th birthday, the noncitizen must apply in person for registration and be fingerprinted.
  • Those who do not comply with the registration and fingerprinting requirements will be subject to either a fine of up to $5000 or imprisonment for up to six months, or both. Noncompliance will be considered a criminal offense.
  • Those who are 18 years or older must carry proof at all times of their registration and fingerprinting. Failure to do so could amount to a misdemeanor punishable by a fine of up to $5000 or imprisonment of not more than 30 days, or both.
  • Noncitizens must notify the Department of Homeland Security in writing of each change of address within 10 days of moving. Noncompliance is a misdemeanor punishable by a fine of up to $5000 or imprisonment for not more than 30 days, or both.

  If a noncitizen has one of the following documents, it is proof that they have been registered:

  • Form I-94, Arrival-Departure Record – noncitizens admitted as nonimmigrants; noncitizens paroled into the US under 212(d)(5) of the INA; noncitizens who claimed to have entered prior to July 1, 1924; and noncitizens granted permission to depart without the institution of deportation proceedings;
  • Form I-95, Crewmen’s Landing Permit;
  • Form I-184, Alien Crewman Landing Permit and Identification Card;
  • Form I-185, Nonresident Alien Canadian Border Crossing Card;
  • Form I-186, Nonresident Alien Mexican Border Crossing Card;
  • Form I-221, Order to Show Cause and Notice of Hearing;
  • Form I-221S, Order to Show Cause, Notice of Hearing, and Warrant of Arrent of Aliens;
  • Form I-551, Permanent Resident Card;
  • Form I-766, Employment Authorization Document (EAD);
  • Form I-862, Notice to Appear, for those noncitizens against whom removal proceedings are being instituted;
  • Form I-863, Notice of Referral to Immigration Judge, for those noncitizens against whom removal proceedings are being instituted;
  • Valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport;
  • Proof of Registration upon submission of Form G-325R and completion of biometrics.
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• March 31, 2025

  2025.03.31 Complaint - CHIRLA v. DHS

  Four legal services organizations filed a lawsuit challenging the IFR promulgated on March 12 that amends Form G-325R, subjecting noncitizens to registration and fingerprinting requirements under the Alien Registration Act of 1940. The lawsuit alleges that the IFR violates the Administrative Procedure Act (APA) because USCIS "implement[ed] this scheme in just 11 days without providing adequate notice to those impacted or the public, without considering comments, and without engaging in reasoned decision-making."

  The complaint also alleges that this new "show me your papers” criminal-enforcement regime is contrary to "the federal government’s longstanding determination that, outside the exigencies of wartime or an armed attack, any registration requirement is appropriately accomplished through established statutory and regulatory mechanisms for granting immigration status and other immigration benefits." Coalition for Humane Immigrant Rights v. DHS, No. 1:25-cv-00943 (D.D.C.).

  **Litigation entries are limited to initial complaints and major substantive rulings. For pleadings and additional information, use name and docket number to search Civil Rights Clearinghouse and CourtListener or visit Just Security Litigation Tracker**

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• April 10, 2025

  2025.04.10 Preliminary Injunction Denial - CHIRLA v. DHS

  The district court denied plaintiffs’ motion to stay or preliminarily enjoin the effective date of the IFR, ruling that the plaintiffs failed to demonstrate standing. The court stated that “[a]s organizations, many of [the plaintiffs’] harms are too speculative, and they have failed to show that the Rule will erode their core missions.” The court also found that the organizations do not derive standing from their members, because they failed to show that members "posse[ss] concrete harm cognizable by an Article III court." Coalition for Humane Immigrant Rights v. DHS, No. 1:25-cv-00943 (D.D.C.).

  With no preliminary injunction in place, the IFR requiring noncitizens to register using Form G-325R took effect on April 11, 2025.

  **See litigation note above**

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• April 11, 2025

  2025.04.11 Reported: ICE agents ordered to check migrants’ compliance with online registry - New York Post

  The New York Post reports that the Trump administration has ordered immigration agents to verify whether immigrants have submitted their names and personal information. Reportedly, ICE agents have been directed to "treat the alien’s case as an immigration enforcement priority" and to "refer the case to the US Department of Justice for criminal prosecution" if an individual is not registered.

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• April 19, 2025

  2025.04.19 Reported: Federal prosecutors charge migrant for not declaring unlawful presence - Arizona Republic

  The Arizona Republic reports that federal prosecutors have charged Eduardo Prado Flores, an undocumented individual, with a misdemeanor offense of failing to register (8 U.S.C. § 1306), invoking the long-dormant requirement that certain noncitizens in the U.S. register with the federal government. Federal Magistrate Judge Deborah Fine stated from the bench: "If this is all the United States has . . . I have concerns about putting my signature on this," citing Ninth Circuit precedent that the failure to register statute requires prosecutors demonstrate an individual willfully failed to register.

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