What do employers need to know about the new DHS Alien registration requirement?

As further implementation of the January 20, 2025 Executive Orders, DHS recently published an interim final rule regarding the requirement that certain non-citizens register with the U.S. Department of Homeland Security (DHS). The new rule was implemented on April 11, 2025.1001010The rule aims to encourage registration of non-immigrants without legal status in the U.S. The

following non-citizens are consideredpre-registered and no action is needed: permanent residents, those with Employment Authorization Documents (EADs), those on sponsored work visas who have an I-94, their family members who have a valid I-94, and a few other categories. See our checklist below for more details.Employers do not need to take any action at this time

other than to continue to have an I-9 on file for all new hires and reverify the I-9 of any employee that has expiring work authorization.Sheppard Mullin Checklist – DHS Alien Registration Requirement (ARR)

Date:

1. Effective April 11, 2025.Main Purpose:
2. The new online filing is intended primarily to track individuals who entered the U.S. without inspection.Exempt from the Online Filing:
3. The registration requirement is aimed only at individuals who are not in the country legally and are not otherwise registered with the U.S. Government. Exempt individuals are non-citizens that are lawful Permanent Residents (LPRs), who havean I-94 or who have an EAD Work Permit or who have an EOIR Immigration Court Case. These people were “registered” at the time they entered the U.S., received their EAD work permit, or were placed in removal proceedings.Canadians:
4. Canadians entering by land generally do not receive an I-94 and if they stay more than 30 days, they are subject to the rule.How to File:
5. Must file online using Form G-325R. The form asks for a detailed biographic history. See: Fee:
6. There is no filing fee, as reflected on the G-325R.No Attorneys:
7. Attorneys cannot use their online account to assist their clients with registering.Biometrics:
8. Registration will trigger a biometrics appointment, which does not incur a fee at this time.Children:
9. Parents must register on behalf of children under the age of 14.Penalty:
10. Failure to register or produce proof of registration can lead to a misdemeanor conviction, with up to six months of imprisonment and/or a civil fine of $5,000.Change of Address:
11. All non-citizens must update their address whenever they move. The same penalties apply to non-citizens that fail to update their address when they move. While this requirement is not new, it is being enforced more aggressively.Additional information about the new DHS alien registration requirement can be found on USCIS’s website: . The authors are also available to answer any questions about this new requirement.
12. Greg Berk is a partner in the firm’s Labor and Employment Practice Group. He is the leader of the Firm’s Immigration Practice and the author Immigration Checklists and Practice Pointers. The second edition will be published this summer by the American Bar Association.Jonathan Meyer is a partner in the Governmental Practice Group and leads the firm’s National Security team. He served as the General Counsel of the U.S. Department of Homeland Security from 2021 to 2024. He was responsible for all legal and regulatory activities of the Department’s 260,000 employees.

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