The U.S. Citizenship and Immigration Services (USCIS) has announced the establishment of a new form and process allowing undocumented immigrants to register under section 262 of the Immigration and Nationality Act (INA) (8 U.S.C. § 1302). This policy follows an executive order issued by President Donald Trump on January 20, 2025, titled "Protecting the American People Against Invasion." The order mandates the Department of Homeland Security (DHS) to ensure compliance with INA § 262 and prioritizes enforcement against those failing to register.

Registration Requirements Under INA § 262

The INA requires that any foreign national aged 14 or older who has been in the United States for at least 30 days must apply for registration and fingerprinting unless they have already done so when applying for a U.S. visa. For children under 14, it is the responsibility of their parent or guardian to complete the registration process. Upon turning 14, children must reregister and provide fingerprints within 30 days of their birthday. Once registration is completed, DHS will issue proof of registration, which must be carried at all times by individuals over the age of 18.

New Registration Process

Most foreign nationals in the United States have already complied with the registration requirement. However, some have lacked a direct way to fulfill their obligations under INA § 262. To address this, USCIS is implementing a streamlined process through which individuals can register via their USCIS online account. Parents and guardians will also be able to submit registration applications for minors under 14 through the same system.

The new process will primarily assist those who may not have received evidence of registration and fingerprinting, including:

• Foreign nationals who entered the United States without inspection, admission, or parole;

• Canadian citizens who entered the United States through land ports of entry and did not receive evidence of registration; and

• Foreign nationals who applied for Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS) but were not issued evidence of registration.

Enforcement and Compliance

President Trump's executive order places significant emphasis on ensuring compliance with INA § 262. Under the order, non-compliance will be treated as a priority for both civil and criminal enforcement by DHS. This underscores the administration's broader policy efforts to regulate immigration more stringently and ensure all foreign nationals comply with existing laws.

With the new USCIS registration process in place, affected individuals should take proactive steps to complete their registration and obtain the necessary documentation to avoid potential legal consequences. Saluja Law continues to monitor these developments and will provide updates on the implementation of this policy and its implications for foreign nationals residing in the United States.

For legal guidance or assistance with the registration process, please contact Saluja Law.