Many noncitizens who entered the U.S. without a visa are now required to register with the Department of Homeland Security (DHS). However, doing so may expose them to removal proceedings, detention, or even criminal prosecution. While DHS announced the program in recent weeks, the agency formally implemented the so-called Alien Registration Requirement (ARR) through regulations published on March 12, 2025.
Who Must Register, and What Are the Steps?
Any noncitizen who meets all of the following criteria must register:
- Entered the U.S. without inspection or as a Canadian visitor without a visa;
- Has remained in the United States for 30 days or more;
- Is over the age of 14; and
- Has not already complied with the registration requirement through any of the applications discussed below.
Parents of minors subject to the registration requirement must ensure their child registers within 30 days of turning 14.
In short, all noncitizens over 14 who have been in the U.S. for over 30 days must register. However, many have already completed this requirement—perhaps without realizing it. Noncitizens who are already registered include:
- Lawful permanent residents;
- Individuals who entered on parole, a visa, or a border crossing card;
- Those issued an I-94 upon entry;
- Respondents in removal proceedings;
- Employment authorization document (EAD) holders;
- Applicants for residency (Forms I-485, I-687, I-691, I-698, I-700), even if the application was denied.
Previously, noncitizens who had not completed the registration requirements had no way to do so unless they filed one of the applications listed above. Now, however, DHS has introduced a standalone registration form, the G-325R, which must be submitted online after creating a USCIS online account.
According to USCIS, once the G-325R is submitted online, noncitizens will be scheduled for a biometrics appointment and later issued a registration card, which they will be required to carry at all times.
It is crucial to note that individuals subject to ARR must register, even if they are otherwise in the process of regularizing their immigration status. For example, applying for a U visa or being the beneficiary of a pending visa petition or I-601A waiver does not fulfill the registration requirement.
What Are the Risks of Not Registering?
Failure to register may lead to criminal prosecution and removal proceedings.
ARR registration is legally required, and noncompliance is considered a criminal offense, punishable by jail time and/or fines. The Department of Justice (DOJ) has stated its intent to prioritize the criminal prosecution of immigration violations, making this a serious concern.
Additionally, failure to register is a deportable offense. While it remains unclear whether this will directly bar individuals from most immigration benefits, it is highly likely that noncompliance will impact eligibility for relief.
What Are the Concerns About Registering?
For individuals who are out of status, registering will alert DHS to their presence in the United States. DHS may use this information to initiate removal proceedings and potentially detain registrants. The registration process also requires individuals to provide their current address and attend a biometrics appointment at a DHS facility.
Additionally, the ARR online form asks questions that may lead applicants to unknowingly admit to criminal activity. For instance:
- Entry without inspection is a criminal offense, and the form asks about manner of entry.
- Failure to maintain an updated address is also a criminal offense, and the form asks for an address history.
- Other offenses that include noncitizen status as an element of the crime may also be implicated.
Since the DOJ has expressed its intent to criminally prosecute immigration violations that were previously treated as civil matters, making such admissions could have serious consequences.
Because ARR is a new program, the full implications of compliance are still unknown. These concerns may or may not materialize, and DHS could use the ARR in ways not yet anticipated. Therefore, individuals should carefully consider these risks. However, violating the registration requirement remains a criminal offense, and concerns about enforcement should not be interpreted as advice to avoid compliance.
Our Commitment to You
At Bean, Lloyd, Mukherji, & Taylor, LLP, we understand the challenges and uncertainties that come with major immigration policy changes. We are committed to providing accurate information, sound legal guidance, and unwavering support as you navigate these complexities.
If you have questions about how this policy may affect you or your loved ones, please contact our office to schedule a consultation.