DHS Implements New Registration Requirements for Previously Unregistered Foreign Nationals

In a significant development impacting foreign nationals in the U.S., the Department of Homeland Security (DHS) has finalized an Interim Final Rule requiring previously unregistered individuals to comply with federal registration statutes. This rule, effective April 11, 2025, introduces Form G-325R for biometric and biographic data submission and mandates carrying proof of registration.

Key Details of the Rule

1. Form G-325R: A new online registration form for aliens not covered by existing immigration programs.
2. Biometric Submission: Fingerprinting and other biometric data collection.
3. Carry Requirement: Registrants must carry proof of filing at all times, per 8 U.S.C. § 1304(e).
4. Penalties: Non-compliance may result in fines or criminal charges under 8 U.S.C. § 1306(a).

Recent Court Ruling

On April 10, 2025, the U.S. District Court for the District of Columbia denied a motion to block the rule (Coalition for Humane Immigrant Rights v. DHS). The court held that advocacy groups lacked standing, as alleged harms—such as increased operational costs or Fifth Amendment concerns—were deemed speculative. Notably, the court emphasized that:

• Registration does not automatically incriminate individuals (e.g., entry without inspection beyond the 5-year statute of limitations).
• Fear of enforcement alone does not establish legal injury.

Compliance Guidance

Foreign nationals without prior registration (e.g., lawful entry records like I-94) must act promptly:

• Submit Form G-325R online once available.
• Attend biometric appointments as directed by USCIS.
• Retain proof of registration physically or digitally.

Why This Matters

The rule aligns with longstanding statutory mandates under the Immigration and Nationality Act (INA) but marks a shift in enforcement priorities. While plaintiffs raised constitutional concerns, the court’s decision underscores that compliance remains mandatory absent further legal challenges.

Next Steps

Ahluwalia Law Offices advises affected individuals to:

1. Monitor USCIS updates for Form G-325R availability.
2. Consult immigration attorneys to assess eligibility exemptions.
3. Prepare documentation to avoid penalties.

For tailored guidance on navigating these requirements, contact our team.

Sources: 90 Fed. Reg. 11793, 8 U.S.C. §§ 1301–1306, USCIS Policy Manual.