On February 25, 2025, in an effort to encourage foreign nationals in the United States without authorization to “self-deport,” U.S. Department of Homeland Security (DHS) Secretary Noem announced that the DHS will begin to enforce the existing statutory requirement that foreign nationals in the United States register with the federal government and file change of address notifications with U.S. Citizenship & Immigration Services (USCIS). 

The announcement explains that DHS may pursue criminal penalties for willful failure to depart the United States, failure to register with the federal government and submit fingerprints, or failure to notify the federal government of changes in their residential address. It also notes that these legal requirements already exist in immigration law and can be enforced at any time despite having been largely ignored for decades.  

USCIS advises that many foreign nationals in the United States have already met the registration requirement, noting the following are considered to have properly registered: 

• Lawful permanent residents. 

• Foreign nationals who have been paroled into the United States under INA 212(d)(5), even if the period of parole has expired. 

• Foreign nationals admitted to the United States who were issued Form I-94 or I-94W (paper or electronic), even if the period of admission has expired. 

• Foreign nationals present in the United States who were issued immigrant or nonimmigrant visas prior to arrival. 

• Foreign nationals in removal proceedings. 

• Foreign nationals issued an employment authorization document. 

• Foreign nationals who have applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, I-700, even if the applications were denied. 

• Foreign nationals issued Border Crossing Cards. 

Foreign nationals who turn age 14 in the United States will need to register as they will not have given their fingerprints in connection with any prior application. Lawful Permanent Residents who reach the age of 14 are already required to file an application with USCIS to obtain a new I-551 Permanent Resident Alien Card. Those who have filed such application within 30 days of attaining the age of 14 are considered to have complied with the registration requirement.  

According to USCIS, the following individuals are not considered to have registered and should do so: 

• Aliens who are present in the United States without inspection and admission or inspection and parole. 

• Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration. 

• Noncitizens who submitted one or more benefit requests to USCIS, including applications for Deferred Action for Childhood Arrivals or Temporary Protected Status, but were not issued evidence of registration. 

USCIS specifies at 8 CFR 261.1(b) the documentation considered evidence of registration, including: 

• I-94, Arrival-Departure Record—Aliens admitted as nonimmigrants; aliens paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act; aliens whose claimed entry prior to July 1, 1924, cannot be verified, they having satisfactorily established residence in the United States since prior to July 1, 1924; and aliens granted permission to depart without the institution of deportation proceedings.  

• I-95, Crewmen’s Landing Permit—Crewmen arriving by vessel or aircraft.  

• I-184, Alien Crewman Landing Permit and Identification Card—Crewmen arriving by vessel.  

• I-185, Nonresident Alien Canadian Border Crossing Card—Citizens of Canada or British subjects residing in Canada.  

• I-186, Nonresident Alien Mexican Border Crossing Card—Citizens of Mexico residing in Mexico.  

• I-221, Order to Show Cause and Notice of Hearing—Aliens against whom deportation proceedings are being instituted.  

• I-221S, Order to Show Cause, Notice of Hearing, and Warrant for Arrest of Alien—Aliens against whom deportation proceedings are being instituted.  

• I-551, Permanent Resident Card—Lawful permanent resident of the United States.  

• I-766, Employment Authorization Document.  

• Form I-862, Notice to Appear—Aliens against whom removal proceedings are being instituted.  

• Form I-863, Notice of Referral to Immigration Judge—Aliens against whom removal proceedings are being instituted. 

Reading the USCIS guidance together with the statutory requirement, it appears that those who have received evidence of their registration as indicated in USCIS regulations are considered to have complied with the registration requirement. Accordingly, it appears that DACA, TPS, and certain Parole recipients who have been granted an I-766 Employment Authorization Document are considered to have met the registration requirement. 

USCIS has indicated on its website that DHS will soon provide a form and process for completing the registration requirement. In the meantime, USCIS advises those who must register to create a USCIS online account, which presumably will be used for registration. Instructions for creating the online account may be found on a dedicated page on the USCIS website. Those needing to change their address may do so through the same USCIS online account through the completion of the Form AR-11, Alien’s Change of Address Card. 

Anyone who is uncertain whether they have received the necessary evidence of registration or who would like to speak with an immigration attorney regarding fulfillment of the registration process should contact qualified immigration counsel such as Foster LLP.  

Foster LLP will continue to monitor changes in the legal requirements applicable to foreign nationals in the United States and will provide additional updates as available via our website at www.fosterglobal.com and social media. Change happens fast. Don’t miss out! Follow us on LinkedIn.