If you are an illegal alien in the United States, you know whether you have registered and have been fingerprinted or not. If you are an alien who submitted benefit requests to USCIS, you know whether you have registered and have been fingerprinted or not.
So why has there been fear and confusion over President Trump’s Executive Order 14159, Protecting the American People Against Invasion, issued on his first day in office on January 20, 2025, which directed the Secretary of Homeland Security, in coordination with the Secretary of State and the Attorney General, to immediately announce and publicize information about the legal obligation of all previously unregistered aliens in the United States to comply with the requirements of Section 262 of the Immigration and Nationality Act (8 USC 1302), and that failure to comply with the registration requirement will be treated as a civil and criminal enforcement priority?
Section 262 provides that (a) it shall be the duty of every alien now or hereafter in the United States who is (1) fourteen years of age or older, (2) has not been registered and fingerprinted under section 221(b) of this Act or section 30 or 31 of the Alien Registration Act, 1940, and (3) remains in the United States for thirty days or longer, to apply for registration and be fingerprinted before the expiration of such thirty days.
Registration is not an immigration status, and registration documentation does not create an immigration status, establish employment authorization, or provide any other right or benefit under the Immigration and Nationality Act or any other U.S. law.
ALIENS WHO HAVE ALREADY REGISTERED
USCIS has issued a press statement listing aliens who have already registered and have been fingerprinted. These include:
(1) Lawful permanent residents.
(2) Aliens paroled into the United States under INA § 212(d)(5), even if the period of parole has expired.
(3) Aliens admitted to the United States as nonimmigrants who were issued Form I-94 or I-94W (paper or electronic), even if the period of admission has expired.
(4) All aliens present in the United States who were issued immigrant or nonimmigrant visas before their last date of arrival.
(5) Aliens whom DHS has placed in removal proceedings.
(6) Aliens issued an employment authorization document.
(7) Aliens who have applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, I-700, and provided fingerprints (unless waived), even if the applications were denied.
(8) Aliens issued Border Crossing cards.
Aliens, including Filipinos, who come to the United States with an immigrant or nonimmigrant visa shall be registered in connection with his visa application, and shall furnish copies of his photograph, signed by him. INA § 221 [8 USC § 1201(b)].
Caution: If you are an alien and have any doubt whether you have been registered and fingerprinted, then register and be fingerprinted.
ALIENS WHO HAVE NOT REGISTERED
The USCIS Press Statement lists aliens who are not registered, namely, anyone who has not applied to the Department of State for a visa, has not been issued one of the documents designated as evidence of registration under 8 CFR 264.1(b), or has not submitted one of the forms designated at 8 CFR 264.1(a) and provided fingerprints (unless waived) is not registered. Aliens who have not registered include:
(1) Aliens present in the United States without inspection and admission or inspection and parole who have not otherwise registered (that is, aliens who have crossed the border illegally);
(2) Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration; and
(3) Aliens who submitted one or more benefit requests to USCIS not listed in 8 CFR 264.1(a), including applications for deferred action or Temporary Protected Status who were not issued evidence of registration listed in 8 CFR 264.1.
WHO MUST REGISTER
(1) Aliens who fall into the Aliens who have not registered above must register.
(2) Aliens 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. They must apply before the expiration of those 30 days.
(3) Parents or legal guardians of aliens less then 14 years of age 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, before the expiration of those 30 days.
(4) Any alien, whether previously registered or not, who turns 14 years old in the United States, within 30 days after their 14th birthday.
HOW TO REGISTER
(1) Create a USCIS Online Account. For the procedure, see https://www.uscis.gov/file-online/how-to-create-a-uscis-online-account
(2) Submit Form G-325R, Biographic Information (Registration) through your USCIS online account.
(3) USCIS review of Form G-325R
(4) Attend appointment for biometrics collection
(5) Receive registration documentation. USCIS will notify you through your USCIS Online account.
CRIMINAL PENALTIES
Any alien who willfully fails or refuses to apply to register or be fingerprinted (if required), and any parent or legal guardian who is required to apply for the registration on behalf of an alien less than 14 years of age and who willfully fails or refuses to file an application for the registration of the child will be guilty of a misdemeanor and will upon conviction, be fined not to exceed $5,000 or be imprisoned for not more than 6 months, or both.
Any alien required to register who is 18 years of age and older and who fails to comply with the requirement that they carry evidence of registration, and have in their personal possession evidence of registration will be guilty of a misdemeanor and will upon conviction for each offense be fined not to exceed $5,000 or be imprisoned not more than 30 days, or both.
Each alien required to be registered under the alien registration requirements of the INA who is within the United States must notify USCIS in writing of each change of address and new address within 10 days from the date of such change and provide such additional information as the Secretary of Homeland Security may require by regulation. Noncompliance is a misdemeanor punishable by a fine of up to $5,000 or imprisonment for not more than 30 days, or both. In addition, any alien who has failed to comply with the change-of-address notification requirements is deportable unless the alien establishes that such failure was reasonably excusable or was not willful.
JUDGE DISMISSES LEGAL CHALLENGE TO REGISTRATION
Judge Trevor Neil McFadden on April 10, 2025 dismissed a legal challenge to the requirement that everyone in the U.S. illegally must register with the USCIS, holding that the plaintiffs did not have standing to sue.
Atty. Emmanuel Samonte Tipon was a Fulbright and Smith-Mundt scholar to Yale Law School where he was awarded a Master of Laws degree specializing in Constitutional Law. He graduated with a Bachelor of Laws degree from the University of the Philippines. He placed third in the 1955 bar examinations. He is admitted to practice before the U.S. Supreme Court, New York, and the Philippines. He practices federal law, with emphasis on constitutional issues, immigration law, and appellate federal criminal defense. He was the Dean and a Professor of Law of the College of Law, Northwestern University, Philippines. He has written law books and legal articles for the world’s most prestigious legal publishers including Thomson West and Lawyers Co-operative Publishing Co. and writes columns for newspapers. He wrote the case notes and annotations for the entire Immigration and Nationality Act published by The Lawyers Co-operative Publishing Co. and Bancroft-Whitney Co. (now Thomson Reuters). He wrote the best-seller "Winning by Knowing Your Election Laws.” Atty. Tipon was born in Laoag City, Philippines. Cell Phone (808) 225-2645. E-Mail: attorneytipon@gmail.com filamlaw@yahoo.com. Website: https://www.tiponimmigrationguide.com The information provided in this article is for general information only. It is not legal advice. Publication of this information is not intended to create, and receipt by you or reading by you does not establish or constitute an attorney-client relationship.
What's Up Atty 2025 04 21 Illegal alien registration
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