About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


1 [1] (August 4, 2026)

handle is hein.crs/goveuzb0001 and id is 1 raw text is: Alien Registration Requirements Section 1302, Title 8 of the (.S. Code requires aliens (i.e., non-U.S. citizens or nationals) who are age 14 and older and present in the United States for 30 days or more to apply for registration and fingerprinting with immigration authorities. Parents or legal guardians of children under age 14 must ensure the children are registered. Section 1304(e) requires aliens age 18 and over to carry proof of registration. Section 1303(b) exempts certain categories of aliens from registration requirements. Failure to comply with these and other registration requirements, codified at 8 U.S.C. §§1301-1306, may subject aliens to misdemeanor penalties and serve as grounds for removal from the United States. Long-standing regulations implementing these requirements did not provide specific registration forms for every category of nonexempted aliens, including those who entered the United States without inspection and were unlawfully present. The U.S. Department of Homeland Security's (DHS's) U.S. Citizenship and Immigration Services (USCIS) has stated that, under these regulations, a significant number of aliens present in the United States have had no direct way to register and meet their obligation under [Section 1302]. On March 12, 2025, DHS published an interim final rule (IFR), Alien Registration Form and Evidence of Registration, effective April 11, 2025. The IFR created a general registration form for certain unregistered aliens to comply with Section 1302's requirements beginning on the effective date. The IFR followed a January 20, 2025, executive order that directs DHS to ensure that unregistered aliens comply with the relevant provisions of Section 1302. The executive order also directs agencies to treat alien registration requirements as a civil and criminal enforcement priority. DHS published a final rule with technical changes on June 29, 2026. Historical Background The federal government has imposed alien registration requirements of varying scope since the Naturalization Act of 1798. Some requirements have targeted specific groups, such as Chinese nationals in the late 19th and early 20th centuries and enemy aliens during World War I. Current registration requirements have their roots in the Alien Registration Act of 1940. The 1940 act required aliens to be registered and fingerprinted before being issued a visa. Aliens age 14 and older who remained in the United States for 30 days or longer and had not already been registered were required to apply for registration and be fingerprinted at a U.S. post office or other places designated by the Commissioner of the former Immigration and Naturalization Service (INS). Parents and guardians were Updated August 4, 2026 required to ensure alien children under 14 were registered. Aliens subject to registration requirements were also required to report address changes to the INS. Failure to comply was punishable by fines and/or imprisonment. From August 1940 through March 31, 1944, alien registration was recorded on Alien Registration Forms (AR- 2s). Since April 1, 1944, Alien Registration Numbers (A- Numbers) have been recorded in Alien Files (A-Files), which are the official files for all immigration and naturalization records. Following World War II, federal regulations transferred registration functions from post offices to INS and designated registration to be completed at U.S. ports of entry through documentation of individuals' immigration statuses. Some aliens, including Canadian visitors, were exempt from registration requirements. In 1952, Congress enacted the Immigration and Nationality Act (INA), which contained registration and fingerprinting provisions that closely resembled the 1940 act. Legislation and regulatory changes following the INA's enactment narrowed the scope and application of these requirements. After the INA's enactment, federal regulations exempted from registration requirements Canadian citizens and British subject visitors and nonimmigrant (i.e., aliens admitted on a temporary basis) agricultural workers. A 1957 amendment to the INA authorized the U.S. Departments of State and Justice to waive fingerprinting for any nonimmigrants. Subsequent changes directly or indirectly affected the registration requirements' application to other groups (including those described below). According to one scholarly analysis, these and other developments resulted in alien registration requirements rarely being enforced, as there was no regulatory apparatus in place to register anyone outside of the ordinary process of applying for selected forms of immigration status. In 2025, a bill was introduced (H.R. 2129) to repeal the 1940 act. As of the date of this In Focus, the bill is pending before the House Judiciary Committee. Statutory Authorities and Penalties The primary statutory authorities for alien registration are found in 8 U.S.C. §§1301-06. Apart from Section 1302's registration requirements, Section 1304(e) requires certain aliens to carry proof of registration, and failure to do so may result in a fine and/or imprisonment for up to 30 days. Section 1305(a) requires aliens to notify the federal government within 10 days of any address change. Section 1306 details other penalties related to alien registration. Aliens who willfully fail or refuse to apply for registration and fingerprinting may be subject to a fine and/or imprisonment for up to six months. Aliens who fail to give