Millions of people living in the United States without official immigration records may soon be required to provide personal information and biometric data under a new Department of Homeland Security (DHS) rule that marks a significant shift in how long-standing immigration laws are enforced.
DHS issued a final rule formalizing a nationwide system requiring certain noncitizens to register with the federal government, provide fingerprints and proof of eligibility or face penalties.
This signals a shift towards active compliance with legal requirements that have existed for decades but were only rarely used in practice.
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For many noncitizens living in the United States, this change could mean new paperwork, new compliance obligations, and potential legal risk depending on how the policy is applied.
Noncitizens age 14 and older who remain in the U.S. for more than 30 days without first registeringโpotentially millions of themโare already required by federal law to register, but may now face aggressive enforcement action if they have not done so previously.
Newsweek DHS was emailed for comment Friday morning.
Key Points
- DHS is finalizing a rule to clarify and enforce existing registration requirements for certain noncitizens to officially register with the federal government.
- The policy is based on an interim rule from March 2025 that introduced a new registration form and biometric system.
- The focus is on persons not previously registered as part of the visa or entry process.
- Failure to comply may result in fines, criminal penalties or imprisonment.
- Ultimately, between 2.2 and 3.2 million people could be affected.
Why is this important
Registration requirements for non-citizens are not new. Federal law has long required many foreign nationals to notify the government of their presence. What has changed is enforcement.
A January 2025 executive order directed DHS to prioritize compliance, transforming a largely dormant requirement into an active policy tool with clear penalties for noncompliance.
The system, created in 2025, is now permanent
The rule, slated for publication in the Federal Register, formalizes a system first introduced in March 2025 and signals a broader effort to identify and track individuals who have not previously been documented through visas or entry.
The new registration goes further than the one introduced last year:
- Reply to public comments under the previous rule
- Clarification of what is considered registration and acceptable evidence
- Improving Compliance Processes
- Paving the way for further expansion of registration and fingerprinting requirements
From a practical point of view, the previous rule built the system. This locks it in place and determines how it will work in the future.
While the legal requirement to register has been around for decades, the latest move clarifies who must comply and raises the stakes for those who donโt.
This previous attempt resulted in a rapid deployment. This new registration solidifies the framework by clarifying what forms are considered registration, defining acceptable evidence, and clarifying how people will comply.
A long-standing legal requirement with real consequences
At the center of the policy is Section 262 of the Immigration and Nationality Act, which requires most noncitizens age 14 or older who remain in the United States for more than 30 days to register and, in many cases, submit fingerprints.
Parents or legal guardians must register children under 14 years of age, and those over 14 years of age must re-register and submit fingerprints within 30 days. Upon registration, adults must have proof of registration with them.
Failure to do so may result in civil and criminal penalties, including fines or short-term imprisonment. These penalties have been in law for decades but have been inconsistently applied. With the current approach, they can become much more routine.
The policy has already drawn the attention of immigration advocates, including the American Civil Liberties Union and Human Rights Watch, who argue that expanding the centralized registration system could discourage some people from interacting with authorities or reporting crimes.
They point to past enforcement policies and recent research showing that stricter immigration controls can reduce crime reporting and erode trust between immigrant communities and law enforcement.
Millions of people could be caught in a new gap
For many noncitizens, this rule will not require any new action. Persons who entered the United States through official channels, such as visa holders, lawful permanent residents, or persons receiving papers of entry, are generally already considered to be registered.
Instead, the focus is on those who were never captured by these systems. This includes some people who moved in without being checked, long-term residents who arrived as children and never registered themselves, and some applicants whose previous applications did not include full biometric processing.
DHS estimates that between 2.2 and 3.2 million people could fall into this category, although the exact number remains uncertain and may depend on how the policy is implemented in practice.
For these people, compliance is not automatic. This requires taking proactive stepsโcreating an account, providing personal information, and visiting a biometric appointment if necessaryโknowing that registration does not provide legal status or protection from deletion.
What happens next
Legal challenges filed after the 2025 rollout continue, leaving open the possibility of further changes or delays.
For now, the direction is clear. A requirement that once existed largely on paper is transformed into a structured, implementable system.
What happens next will depend on how aggressively it is enforcedโand how many of those currently involved in the scope are willing or able to comply.