[Federal Register Volume 90, Number 47 (Wednesday, March 12, 2025)]
[Rules and Regulations]
[Pages 11793-11800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-03944]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 90, No. 47 / Wednesday, March 12, 2025 /
Rules and Regulations
[[Page 11793]]
DEPARTMENT OF HOMELAND SECURITY
8 CFR Part 264
[CIS No. 2810-25; DHS Docket No. USCIS-2025-0004]
RIN 1615-AC96
Alien Registration Form and Evidence of Registration
AGENCY: U.S. Citizenship and Immigration Services (``USCIS''),
Department of Homeland Security (``DHS'').
ACTION: Interim final rule (``IFR'') with request for comments.
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SUMMARY: This IFR amends DHS regulations to designate a new
registration form for aliens to comply with statutory alien
registration and fingerprinting provisions. Aliens who are subject to
alien registration requirements of the Immigration and Nationality Act,
as amended (``INA'') who have not yet registered may use this
registration form to satisfy their statutory obligations. This IFR also
amends DHS regulations to designate additional documentation that may
serve as evidence of alien registration.
DATES:
Effective date: This IFR is effective April 11, 2025.
Registration: Aliens may register using the revised form G-325R,
Biographic Information (Registration) immediately.
IFR comment period: Comments on the rule must be received by April
11, 2025.
Information collection comment period: Comments on the information
collection described in the Paperwork Reduction Act section below must
be received by May 12, 2025.
ADDRESSES:
Comments on the IFR: You may submit comments on this IFR,
identified by DHS Docket No. USCIS-2025-0004, through the Federal
eRulemaking Portal at https://www.regulations.gov. Follow the website
instructions for submitting comments.
Comments on the Information Collection: Submit comments on the
information collection to the same docket as the IFR. In addition, all
comments on the information collection must include the OMB Control
Number 1615--NEW in the body of the comments.
Comments submitted in a manner other than the ones listed above,
including emails or letters sent to the Department's officials, will
not be considered comments on the proposed rule and may not receive a
response from the Department. Please note that the Department cannot
accept any comments that are hand-delivered or couriered. In addition,
the Department cannot accept comments contained on any form of digital
media storage devices, such as CDs, DVDs, or USB drives. The Department
is not accepting mailed comments at this time. If you cannot submit
your comment by using https://www.regulations.gov, please contact Jerry
Rigdon, Acting Chief, Regulatory Coordination Division, Office of
Policy and Strategy, U.S. Citizenship and Immigration Services,
Department of Homeland Security, by telephone at (240) 721-3000 for
alternate instructions.
FOR FURTHER INFORMATION CONTACT: Mark Phillips, Residence and
Naturalization Division Chief, Office of Policy and Strategy, U.S.
Citizenship and Immigration Services, Department of Homeland Security,
5900 Capital Gateway Drive, Camp Springs, MD 20746; telephone 240-721-
3000 (not a toll-free call).
SUPPLEMENTARY INFORMATION:
I. Public Participation
Instructions for providing comments are in the ADDRESSES caption
above.
Privacy: You may wish to consider limiting the amount of personal
information that you provide in any public comment submission you make
to the Department. The Department may withhold information provided in
comments from public viewing that they determine may impact the privacy
of an individual or is offensive. For additional information, please
read the Privacy and Security Notice available at https://www.regulations.gov.
Docket: For access to the docket and to read background documents
or comments received, go to https://www.regulations.gov, referencing
DHS Docket No. USCIS-2025-0004. You may also sign up for email alerts
on the online docket to be notified when comments are posted or when
the final rule is published.
II. Background
A. Alien Registration Requirements of the INA
The Alien Registration Act of 1940, also known as the Smith Act,
was enacted into law on June 28, 1940. See Public Law 76-670, 54 Stat.
670. The Act generally required all aliens in the country beyond 30
days to apply to register and to be fingerprinted. Congress later
incorporated these requirements, as amended, in the Immigration and
Nationality Act of 1952, Public Law 82-414, 66 Stat. 163. The
registration and fingerprinting requirements currently appear, as
amended, in part VII of subchapter II of chapter 12 of title 8, United
States Code (8 U.S.C. 1301-1306). Throughout this preamble, we refer to
such requirements as the alien registration requirements, or the alien
registration requirements of the INA.
Under the alien registration requirements of the INA, with limited
exceptions (e.g., for visa holders who have already been registered and
fingerprinted (through their application for a visa) and A and G visa
holders, see 8 U.S.C. 1201(b)), all aliens above the age of 14 who
remain in the United States for 30 days or longer must apply for
registration and to be fingerprinted before the expiration of 30 days.
See 8 U.S.C. 1302(a). Similarly, parents and legal guardians must
ensure that their children below the age of 14 are registered. Within
30 days of reaching his or her 14th birthday, the alien child must
``apply in person for registration and to be fingerprinted.'' 8 U.S.C.
1302(b). The Secretary of Homeland Security (``Secretary'') may, in her
discretion and on the basis of reciprocity pursuant to such regulations
as she may prescribe, waive the requirement of fingerprinting specified
in 8 U.S.C. 1302(a) and (b) in the case of any nonimmigrant. 8 U.S.C.
1302(c). As discussed in the next section, the Secretary has exercised
this authority with respect to certain nonimmigrants.
[[Page 11794]]
An alien's willful failure or refusal to apply to register or to be
fingerprinted is punishable by a fine of up to $5,000 or imprisonment
for up to six months, or both. 8 U.S.C. 1306(a).\1\ The same applies to
an alien's parent or legal guardian's willful failure or refusal to
register. Id. Any alien or any parent or legal guardian of an alien who
files a registration application ``containing statements known by him
to be false, or who procures or attempts to procure registration of
himself or through another person by fraud'' is subject to criminal
prosecution. 8 U.S.C. 1306(c); see, e.g., 18 U.S.C. 1001, 1546. A
conviction for fraudulent registration constitutes a ground of
deportability under 8 U.S.C. 1227(a)(3)(B)(i).
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\1\ Section 1306(a) refers to a fine of up to $1,000, but the
general fine provisions of 18 U.S.C. 3571 supersede that language.
As a class B misdemeanor, the applicable fine is not more than
$5,000. Id.; 18 U.S.C. 3559(a)(7).
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The Secretary has authority to ``prepare forms for the registration
and fingerprinting of aliens,'' which ``shall contain inquiries with
respect to (1) the date and place of entry of the alien into the United
States; (2) activities in which he has been and intends to be engaged;
(3) the length of time he expects to remain in the United States; (4)
the police and criminal record, if any, of such alien; and (5) such
additional matters as may be prescribed.'' 8 U.S.C. 1304(a). The
Secretary also has authority to prescribe ``special regulations and
forms for the registration and fingerprinting of'' certain classes of
aliens, including ``aliens of any other class not lawfully admitted to
the United States for permanent residence,'' ``[n]otwithstanding the
provisions of'' 8 U.S.C. 1301 and 1302. 8 U.S.C. 1303(a). Although this
rule is fully consistent with 8 U.S.C. 1301 and 1302 and related
authority, the Secretary also invokes 8 U.S.C. 1303(a) to the extent
necessary to support this rulemaking.
Every alien in the United States who has been registered and
fingerprinted under the alien registration requirements of the INA must
``be issued a certificate of alien registration or an alien
registration receipt card in such form and manner and at such time as
shall be prescribed under regulations issued by the [Secretary].'' 8
U.S.C. 1304(d).\2\ Every registered alien 18 years of age and over must
at all times carry and have in their personal possession any
certificate of alien registration or alien registration receipt card.
Noncompliance is a misdemeanor punishable by a fine of up to $5,000 or
imprisonment for not more than thirty days, or both. 8 U.S.C. 1304(e);
18 U.S.C. 3559(a)(8), 3571(b)(6).
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\2\ As of March 1, 2003, in accordance with section 1517 of
Title XV of the Homeland Security Act of 2002 (HSA), Public Law 107-
296, 116 Stat. 2135, any reference to the Attorney General in a
provision of the Immigration and Nationality Act describing
functions which were transferred from the Attorney General or other
Department of Justice official to the Department of Homeland
Security by the HSA ``shall be deemed to refer to the Secretary'' of
Homeland Security. 6 U.S.C. 557 (2003) (codifying HSA, Title XV,
sec. 1517); 6 U.S.C. 542 note; 8 U.S.C. 1551 note.
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Finally, each alien required to be registered under the alien
registration requirements of the INA who is within the United States
must notify DHS in writing of each change of address and new address
within ten days from the date of such change and provide such
additional information as the Secretary may require by regulation. 8
U.S.C. 1305(a). Noncompliance is a misdemeanor punishable by a fine of
up to $5,000 or imprisonment for not more than thirty days, or both. 8
U.S.C. 1306(b); 18 U.S.C. 3559(a)(8), 3571(b)(6). In addition, any
alien who has failed to comply with the change-of-address notification
requirements of 8 U.S.C. 1305 is deportable unless the alien
establishes that such failure was reasonably excusable or was not
willful. See 8 U.S.C. 1227(a)(3)(A).
B. Current Regulations
Longstanding regulations provide that within 30 days after reaching
the age of 14, any alien in the United States who is not exempt from
alien registration must apply for registration and fingerprinting,
unless fingerprinting is waived under 8 CFR 264.1(e) (which waives
fingerprinting for certain nonimmigrants \3\), in accordance with
applicable form instructions. 8 CFR 264.1(g).
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\3\ The Secretary may waive fingerprinting requirements for some
nonimmigrants. Such waivers are in the Secretary's discretion, on
the basis of reciprocity, and pursuant to such regulations as the
Secretary may prescribe. 8 U.S.C. 1302(c). Applicable regulations
waive fingerprinting requirements for some nonimmigrants. See 8 CFR
264.1(e)(1) and (2). The waiver covers various diplomatic and
similar categories; other nonimmigrant aliens, while they maintain
nonimmigrant status, who are nationals of countries which do not
require fingerprinting of U.S. citizens temporarily residing
therein; and nonimmigrants who depart from the United States within
one year of admission. Id. A nonimmigrant who fails to maintain
status must apply to be fingerprinted at once upon failing to
maintain nonimmigrant status. 8 CFR 264.1(e)(3).
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If such alien is a lawful permanent resident of the United States
and is temporarily absent from the United States when he reaches the
age of 14, the alien must apply for registration and provide a
photograph within 30 days of his or her return to the United States in
accordance with applicable form instructions. 8 CFR 264.1(g)(1). The
alien, if a lawful permanent resident of the United States, must
surrender any prior evidence of alien registration. Id. USCIS will
issue the alien new evidence of alien registration. Id. In the case of
an alien who is not a lawful permanent resident, the alien's previously
issued registration document will be noted to show that he or she has
been registered and the date of registration. 8 CFR 264.1(g)(2).
DHS has by regulation prescribed forms that satisfy registration
requirements. See 8 CFR 264.1(a). The regulations also designate
certain forms as constituting evidence of registration. 8 CFR 264.1(b).
DHS regulations identify the following forms as registration forms:
I-67, Inspection Record--Hungarian refugees (Act of July
25, 1958).
I-94, Arrival-Departure Record--Aliens admitted as
nonimmigrants; \4\ aliens paroled into the United States under section
212(d)(5) of the Immigration and Nationality Act; aliens whose claimed
entry prior to July 1, 1924, cannot be verified, they having
satisfactorily established residence in the United States since prior
to July 1, 1924; aliens lawfully admitted to the United States for
permanent residence who have not been registered previously; aliens who
are granted permission to depart without the institution of deportation
proceedings or against whom deportation proceedings are being
instituted.
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\4\ This includes aliens admitted as B-1/B-2 nonimmigrants
through the Visa Waiver Program who were issued Form I-94W.
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I-95, Crewmen's Landing Permit--Crewmen arriving by vessel
or aircraft.
I-181, Memorandum of Creation of Record of Lawful
Permanent Residence--Aliens presumed to be lawfully admitted to the
United States under 8 CFR 101.1.
I-485, Application for Status as Permanent Resident--
Applicants under sections 245 and 249 of the Immigration and
Nationality Act as amended, and section 13 of the Act of September 11,
1957.
I-590, Registration for Classification as Refugee--
Escapee--Refugee-escapees paroled pursuant to section 1 of the Act of
July 14, 1960.
I-687, Application for Status as a Temporary Resident--
Applicants under section 245A of the Immigration and Nationality Act,
as amended.
I-691, Notice of Approval for Status as a Temporary
Resident--Aliens adjusted to lawful temporary residence under 8 CFR
210.2 and 245A.2.
[[Page 11795]]
I-698, Application to Adjust Status from Temporary to
Permanent Resident--Applicants under section 245A of the Immigration
and Nationality Act, as amended.
I-700, Application for Status as a Temporary Resident--
Applicants under section 210 of the Immigration and Nationality Act, as
amended.
I-817, Application for Voluntary Departure under the
Family Unity Program.
See 8 CFR 264.1(a).
The regulations identify the following forms as constituting
evidence of registration:
I-94, Arrival-Departure Record--Aliens admitted as
nonimmigrants; aliens paroled into the United States under section
212(d)(5) of the Immigration and Nationality Act; aliens whose claimed
entry prior to July 1, 1924, cannot be verified, they having
satisfactorily established residence in the United States since prior
to July 1, 1924; and aliens granted permission to depart without the
institution of deportation proceedings.
I-95, Crewmen's Landing Permit--Crewmen arriving by vessel
or aircraft.
I-184, Alien Crewman Landing Permit and Identification
Card--Crewmen arriving by vessel.
I-185, Nonresident Alien Canadian Border Crossing Card--
Citizens of Canada or British subjects residing in Canada.
I-186, Nonresident Alien Mexican Border Crossing Card--
Citizens of Mexico residing in Mexico.
I-221, Order to Show Cause and Notice of Hearing--Aliens
against whom deportation proceedings are being instituted.
I-221S, Order to Show Cause, Notice of Hearing, and
Warrant for Arrest of Alien--Aliens against whom deportation
proceedings are being instituted.
I-551, Permanent Resident Card--Lawful permanent resident
of the United States.
I-766, Employment Authorization Document (``EAD'').
Form I-862, Notice to Appear--Aliens against whom removal
proceedings are being instituted.
Form I-863, Notice of Referral to Immigration Judge--
Aliens against whom removal proceedings are being instituted.
See 8 CFR 264.1(b). In addition, under a note to section 264.1(b),
a valid, unexpired nonimmigrant DHS admission or parole stamp in a
foreign passport constitutes evidence of registration.
III. Basis and Purpose of the IFR
This rule would partially implement section 7 of Executive Order
14159, Protecting the American People Against Invasion (Jan. 20, 2025),
90 FR 8443 (Jan. 29, 2025). Section 7 directs the Secretary, in
coordination with the Secretary of State and the Attorney General, to
take all appropriate action to:
Immediately announce and publicize information about the
legal obligation of all previously unregistered aliens in the United
States to comply with the requirements of part VII of subchapter II of
chapter 12 of title 8, U.S. Code (8 U.S.C. 1301-1306);
Ensure that all previously unregistered aliens in the
United States comply with 8 U.S.C. 1301-1306; and
Ensure that failure to comply with the legal obligations
of 8 U.S.C. 1301-1306 is treated as a civil and criminal enforcement
priority.
90 FR 8444.
Following issuance of this Executive Order, DHS reviewed the
registration regulations at 8 CFR part 264 and determined that it would
be appropriate to designate a general registration form in addition to
those already identified in the regulations. DHS believes that a
general registration option may improve registration outcomes for
certain groups of aliens. For instance, under current regulations, in
general:
Aliens who entered without inspection and have not
otherwise been encountered by DHS lack a designated registration form.
Even an alien who entered without inspection and who is
later encountered by DHS, such as by applying for (or being granted)
asylum or Temporary Protected Status (TPS), would not typically use the
registration forms identified in Sec. 264.1(a) when applying for
asylum or TPS.\5\
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\5\ Such aliens may receive an EAD, which is designated as
evidence of registration in Sec. 264.1(b), but such aliens
frequently are not required to apply for an EAD and may not be
entitled to one. In addition, the application for an EAD (Form I-
765, Application for Employment Authorization) is not designated as
a registration form in Sec. 264.1(a), which could result in
confusion.
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Many Canadian nonimmigrants for business or pleasure are
not issued a Form I-94 even though they have not been registered
through the visa process. See 8 CFR 212.1(a)(1), 235.1(f)(1)(ii).
Some forms designated for registration in 8 CFR 264.1(a)
(such as the Form I-485) are not normally used within 30 days of entry
into the United States (the relevant time period for registration under
8 U.S.C. 1302 and 8 CFR 264.1(g)).
In some cases, the acceptable evidence of registration at
8 CFR 264.1(b) is the result of an approved application only, which may
leave denied or pending applicants without any acceptable evidence that
they have complied with the requirement to register.
The regulatory registration structure does not use any of
the petitions filed on behalf of children or other derivative
beneficiaries who may be in the United States.
Consistent with the Executive Order and the alien registration
requirements of the INA, this rule designates a general registration
option available to all unregistered aliens regardless of their status.
To use this option, aliens must create their own unique account, or an
account for their child, in myUSCIS at https://my.uscis.gov/ and then
complete G-325R Biographic Information (Registration), which is
currently free of charge.
Submission of the registration in myUSCIS initiates the process for
the alien's Biometrics Services Appointment at a USCIS Application
Support Center (ASC). USCIS contacts the registrant regarding the
biometrics services appointment and the collection of biometrics,
including fingerprints, photograph and signature. USCIS uses this
information for purposes of identity verification, and background and
security checks, including a check of criminal history records
maintained by the Federal Bureau of Investigation (FBI).\6\ USCIS sends
an appointment notice with the date, time and location of the
registrant's biometric services appointment.
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\6\ See 8 CFR 103.16.
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Once an alien successfully completes his or her biometrics
appointment at an ASC, the ELIS case management systems will trigger
the creation of ``Proof of Alien Registration'' with a unique
identifier printed on the document. For those aliens, such as Canadian
nonimmigrants and aliens under the age of 14, required to register but
for whom the fingerprint requirement is waived, the ELIS case
management system will trigger the creation of the ``Proof of Alien
Registration'' upon receipt of Form G-325R. This Proof of Alien
Registration document will then be posted to the alien's myUSCIS
account. In the myUSCIS account, the alien will be allowed to download
a .PDF version of the document, and can print it. This document serves
as evidence of the
[[Page 11796]]
alien's registration for purposes of 8 U.S.C. 1304(d).\7\
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\7\ As noted above, every registered alien 18 years of age and
over must at all times carry and have in their personal possession
any certificate of alien registration or alien registration receipt
card. Noncompliance is a misdemeanor punishable by a fine of up to
$5,000 or imprisonment for not more than thirty days, or both. 8
U.S.C. 1304(e); 18 U.S.C. 3559(a)(8), 3571(b)(6).
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This IFR fills the gaps in the regulatory regime by prescribing a
registration form available to all aliens regardless of their status,
in addition to the other forms already listed. Specifically, this IFR
lists the new form at 8 CFR 264.1(a) and lists the corresponding
evidence of registration at 8 CFR 264.1(b).
Consistent with 8 U.S.C. 1359, DHS interprets the registration and
fingerprinting requirements of 8 U.S.C. 1302 to exclude from ``all
aliens'' American Indians born in Canada who possess at least 50 per
centum of blood of the American Indian race who are present in the
United States under the authority of 8 U.S.C. 1359, as 8 U.S.C. 1302
and other provisions of subchapter II of Chapter 12, title 8 of the
U.S. Code are construed consistent with their right to pass the borders
of the United States.\8\ Therefore, the registration form added in this
IFR would not be used by section 1359 entrants because such entrants do
not have to register, although they may do so if they wish.
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\8\ See Akins v. Saxbe, 380 F. Supp. 1210 (D. Me. 1974); Matter
of Yellowquill, 16 I&N Dec. 576 (BIA 1978). Certain members of the
Texas Band of Kickapoo Indians similarly are not required to
register. See Texas Band of Kickapoo Act, Public Law 97-429, sec.
4(d) (1983) (``Notwithstanding the Immigration and Nationality Act,
8 U.S.C. 1101, all members of the Band shall be entitled to freely
pass and repass the borders of the United States and to live and
work in the United States.'').
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The rule does not impose any new registration or fingerprinting
obligations separate from the obligations already contained in the Act.
An alien who has previously registered consistent with 8 CFR 264.1(a),
or an alien who has evidence of registration consistent with 8 CFR
264.1(b), need not register again, although such an alien is subject to
ongoing change of address reporting requirements under 8 U.S.C. 1305(a)
and 8 CFR 265.1.
IV. Request for Comment on Potential Fee
While DHS is not incorporating a fee for filing Form G-325R at this
time, DHS welcomes comment on the option of adding a biometric services
fee per registrant of $30, for the collection, use, and storage of
biometric information, pursuant to 8 CFR 103.16 and 17.
DHS has broad statutory authority to collect biometric information
when such information is necessary or relevant to the administration of
the INA, including 8 U.S.C. 1304(a). Pursuant to 8 CFR 103.2(b)(9), 8
CFR 103.16 and 17, DHS may collect, use, and store biometrics for
purposes of conducting background and security checks, adjudicating
benefits and performing other functions related to administering and
enforcing the immigration laws. See 8 CFR 103.2(b)(9). USCIS may
require the payment of any biometric services fee identified in 8 CFR
106.2, or also charge a fee that is required by law, regulation, form
instructions, or Federal Register notice applicable to the request
type. See 8 U.S.C. 1356(m); 8 CFR 103.2(b)(9), 103.7, 103.17; 8 CFR
part 106.
In previous rules, USCIS has evaluated the cost to USCIS of
conducting biometric activities, including FBI Name checks and
fingerprints, ASC contractual support, and biometric service management
overall, including the cost of federal employees at the ASC
locations.\9\ USCIS currently pays approximately $10.00 to the FBI for
fingerprinting results.\10\ As part of USCIS' recent Fee Schedule rule,
and for purposes of the creation of a separate biometric fee for
certain programs, USCIS calculated that the biometric collection,
storage and use at an ASC costs approximately $19.50.\11\ The sum of
these costs is approximately $29.50, which USCIS rounded up to the
nearest $5 increment, similar to other Immigration Examinations Fee
Account (IEFA) fees, making the fee $30.\12\ Therefore, DHS welcomes
comment on whether to cover these costs via a $30 biometric services
fee for this population. DHS welcomes comments on this potential fee,
including the calculation of the fee.
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\9\ See DHS, U.S. Citizenship and Immigration Services Fee
Schedule and Changes to Certain Immigration Benefit Requests. 88 FR
402, 484-485 (Jan. 4, 2023). DHS finalized the proposed rule and
published a final rule in January 2024, with an effective date of
April 1, 2024. See 89 FR 6194 (Jan. 31, 2024).
\10\ See 88 FR at 485 (Jan. 4, 2023) (reflecting $11.25 for
fingerprint-based Centralized Billing Service Provider (CBSP)
checks). Since the publication of the NPRM, the Federal Bureau of
Investigation (FBI), U.S. Department of Justice, has revised its fee
scheduled, effective January 1, 2025, and lowered the fee for CBSPs
to $10.00. See 89 FR 68930 (Aug. 28, 2024).
\11\ See 88 FR at 485 (addressing the calculation of biometric
services fee for purposes of applicants for Temporary Protected
Status (TPS) under proposed 106.2(a)(48)(iii), now included at 8 CFR
106.2(a)(50)(iii), and DHS-EOIR biometric services fee under 8 CFR
103.7(a)(2)).
\12\ See 88 FR at 485.
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V. Statutory and Regulatory Requirements
A. Administrative Procedure Act
DHS has issued this IFR without prior notice and opportunity for
comment because this is a rule of agency organization, procedure, or
practice (``procedural rule''). See 5 U.S.C. 553(b)(A). The procedural-
rule exception ``covers agency actions that do not themselves alter the
rights or interests of parties, although it may alter the manner in
which the parties present themselves or their viewpoints to the
agency.'' JEM Broad. Co., Inc. v. FCC, 22 F.3d 320, 326 (D.C. Cir.
1994) (quoting Batterton v. Marshall, 648 F.2d 694, 707 (D.C. Cir.
1980)); see also Mendoza v. Perez, 754 F.3d 1002, 1023-24 (D.C. Cir.
2014); Am. Hosp. Ass'n v. Bowen, 834 F.2d 1037, 1047 (D.C. Cir. 1987)
(holding that procedural rules are those that do not ``encode a
substantive value judgment or put a stamp of approval or disapproval on
a given type of behavior'').
The IFR merely adds another method (the myUSCIS registration
process) for compliance with existing statutory registration
requirements. It does not alter the rights or interests of any party,
or encode a substantive value judgment on a given type of private
behavior. Accordingly, DHS has proceeded without advance notice and
opportunity for comment. DHS nonetheless welcomes post-promulgation
comment on all aspects of this IFR consistent with the instructions
provided in section I of this preamble.
B. Executive Order 12866 (Regulatory Planning and Review) and Executive
Order 13563 (Improving Regulation and Regulatory Review)
Executive Orders 12866 (Regulatory Planning and Review) and 13563
(Improving Regulation and Regulatory Review), direct agencies to assess
the costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying costs and benefits, reducing costs, harmonizing rules, and
promoting flexibility. The Office of Management and Budget has
determined that this rule is significant under Executive Order 12866
and has reviewed this regulation.
Summary
DHS is amending existing regulations to make available another
method for aliens to comply with the alien registration requirements of
the INA. The rule seeks to better ensure that all
[[Page 11797]]
aliens in the United States comply with such requirements. The rule
does not impose any new registration or fingerprinting obligations
separate from the obligations already contained in the INA.
DHS has assessed both the costs and benefits of this rule as
required by Executive Orders 12866 and 13563. The rule will result in
costs to aliens not currently complying with the requirements of the
Act, which include the cost of time to complete and file a registration
form as well as time spent submitting biometrics. DHS will incur
additional costs due to the added activities from the collection of
biometrics given the impacted population of aliens do not pay fees for
registration or biometrics. However, the rule also offers benefits by
providing a general registration option to allow all unregistered
aliens to comply with their registration requirements, which will have
direct benefits via improved DHS law enforcement efficacy and indirect
benefits as a result of improved enforcement.
Affected Population
The most recent DHS population estimate for aliens without lawful
status residing in the United States was 11 million as of January 1,
2022.\13\ Most of these aliens either entered the United States without
inspection or were admitted temporarily and remained past the date they
were required to depart. This population comprises aliens who may have
filed one of the forms as discussed in the preamble as designated
registration forms under 8 CFR 264.1(a), and may have evidence of
registration under 8 CFR 264.1(b).
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\13\ See DHS Office of Homeland Security Statistics (OHSS),
Estimates of the Unauthorized Population Residing in the United
States: January 2018-January 2022 (Apr. 2024), https://ohss.dhs.gov/sites/default/files/2024-06/2024_0418_ohss_estimates-of-the-unauthorized-immigrant-population-residing-in-the-united-states-january-2018%25E2%2580%2593january-2022.pdf.
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The population impacted by this rule are those who are currently
unregistered and who would use the general registration form designated
under this rule. DHS estimates the affected population to be between
2.2 million and 3.2 million, after accounting for groups who have
engaged with DHS and have previously filed one of the designated
registration forms discussed in the preamble (requirements under 8 CFR
264.1(a) or 8 CFR 264.1(b)).\14\ The affected population includes, for
instance:
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\14\ Estimate calculated by the Office of Homeland Security
Statistics. This estimate does not include aliens who have already
met one or more conditions for registration, and accounts for
changes to the alien population from 2022 through 2024 as well as
emigration and mortality rates. Other groups already considered
registered for purposes of this analysis and not part of the
affected population include those who have been issued an I-94 form,
were paroled into the United States, were issued an EAD, or were
issued a notice to appear in section 240 removal proceedings.
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Aliens who are present in the United States without
inspection and admission or inspection and parole and have not yet
registered (i.e., have not yet filed a registration form designated
under 8 CFR 264.1(a), and do not have evidence of registration under 8
CFR 264.1(b)).
Canadian visitors who entered the United States at land
ports of entry and were not issued evidence of registration (e.g., Form
I-94).
An alien, whether previously registered or not, who turns
14 years old in the United States and therefore must register within 30
days after their 14th birthday.
DHS recognizes there could be additional aliens subject to this
rule in the future. Relying on this estimate may somewhat overstate
those who need to fully comply as aliens under 14 years of age are
required to be registered but do not need to provide fingerprinting.
Costs
DHS recognizes that there are costs to aliens to comply with
registration requirements in the Executive Order and the INA's alien
registration provisions. Because this rule does not impose any new
alien registration or biometric obligations separate from those already
contained in the Act, the costs described in this section are inherent
to compliance with the statute and are not a result of this rule. DHS
nonetheless assesses the effects of the increased compliance that may
result from this rule. DHS similarly assesses the benefits in the
following section.
Costs to aliens may include the time to complete and file a
registration form, as well as time spent traveling to an ASC,
submitting fingerprints, and record retention. There is currently no
fee for applicants to file the prescribed form or to submit biometrics,
but applicants take on the burden of time to complete the form.\15\
While travel times and distances vary, applicants would need to travel
to an ASC in order to submit biometrics and spend an additional amount
of time to complete the collection.\16\ The total filing burden for new
registrations will include the cost of time to submit biometrics and
the time burden of registration using the prescribed forms in the
regulation.
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\15\ The respondent burden to file Form G-325R is discussed
below in the Paperwork Reduction Act section.
\16\ See Employment Authorization for Certain H-4 Dependent
Spouses, 80 FR 10284 (Feb. 25, 2015); and Provisional and Unlawful
Presence Waivers of Inadmissibility for Certain Immediate Relatives,
78 FR 536, 572 (Jan. 3, 2013); see also USCIS, DHS, ``Instructions
for Application to Register Permanent Residence or Adjust Status
(Form I-485),'' OMB No. 1615-0023 (expires Oct. 31, 2027), https://www.uscis.gov/sites/default/files/document/forms/i-485instr.pdf.
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Additional compliance with registration obligations would also
result in more aliens needing to maintain evidence of registration in
the mode prescribed by DHS. Aliens may also spend some marginal amount
of time to become familiar with the process and specific steps they
should take to be compliant.
This IFR has the potential impact of increasing the biometric
activities for DHS, such as additional FBI Name checks, fingerprinting,
and support from ASC locations, estimated to cost $30 per applicant.
The additional costs of the registration activities will be taken on by
DHS given the population subject to this IFR currently does not pay
fees for registration or biometric services, increasing costs to DHS.
Earlier in this preamble, DHS has sought comment on a potential fee.
Benefits
The benefit of this IFR is the designation of a general
registration form option that will improve registration outcomes for
aliens identified in the Affected Population section above, consistent
with the requirements of the alien registration provisions of the INA.
This IFR provides a registration form available to all unregistered
aliens regardless of their status. This rule fills a gap in
registration by adding an online option to comply with existing
statutory registration requirements.
The IFR is also expected to improve DHS law enforcement efficacy,
because law enforcement personnel would have access to more
comprehensive registration data. To the extent that the rule results in
DHS receiving more comprehensive information about the location of
aliens in the United States, the rule will make it easier and safer for
DHS to enforce the law. In addition, increased compliance with
fingerprinting requirements would provide DHS with additional
information about an alien's criminal record, including whether the
alien is a known or suspected terrorist. Such information provides
greater situational awareness to law enforcement, including when
executing arrest warrants. When DHS has more information about
potential targets of
[[Page 11798]]
law enforcement, it can make more efficient use of law enforcement
resources and better protect public safety and officer safety.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), as
amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (SBREFA), requires an agency to prepare and make available to the
public a regulatory flexibility analysis that describes the effect of
the rule on small entities (i.e., small businesses, small
organizations, and small governmental jurisdictions). The RFA's
regulatory flexibility analysis requirements apply only to those rules
for which an agency is required to publish a general notice of proposed
rulemaking pursuant to 5 U.S.C. 553 or any other law. See 5 U.S.C.
604(a). DHS did not issue a notice of proposed rulemaking for this
action. Therefore, a regulatory flexibility analysis is not required
for this rule. Nonetheless, DHS has determined that this rule will not
have a significant economic impact on a substantial number of small
entities. This rule directly regulates individual aliens. However, the
RFA's regulatory flexibility analysis requirements apply only to small
entities subject to the requirements of the rule.\17\ The individual
aliens subject to the requirements of this rule are not small entities
as defined in 5 U.S.C. 601(6). Accordingly, DHS certifies that this
rule does not have a significant economic impact to a substantial
number of small entities.
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\17\ Small Business Administration, A Guide for Government
Agencies: How to Comply with the Regulatory Flexibility Act at 22
(Aug. 2017), https://advocacy.sba.gov/wp-content/uploads/2019/07/How-to-Comply-with-the-RFA-WEB.pdf.
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D. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (UMRA) is intended, among
other things, to curb the practice of imposing unfunded Federal
mandates on State, local, and tribal governments. Title II of UMRA
requires each Federal agency to prepare a written statement assessing
the effects of any Federal mandate in a proposed rule, or final rule
for which the agency published a proposed rule, which includes any
Federal mandate that may result in a $100 million or more expenditure
(adjusted annually for inflation) in any one year by State, local, and
tribal governments, in the aggregate, or by the private sector.\18\ The
inflation adjusted value of $100 million in 1995 is approximately $200
million in 2023 based on the Consumer Price Index for All Urban
Consumers (CPI-U).\19\ This rule is exempt from the written statement
requirement, because DHS did not publish a notice of proposed
rulemaking for this rule. In addition, this final rule does not contain
a Federal mandate as the term is defined under UMRA.\20\ The
requirements of title II of UMRA, therefore, do not apply, and DHS has
not prepared a statement under UMRA.
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\18\ See 2 U.S.C. 1532(a).
\19\ See BLS, ``Historical Consumer Price Index for All Urban
Consumers (CPI-U): U.S. city average, all items, by month,'' https://www.bls.gov/cpi/tables/supplemental-files/historical-cpi-u-202406.pdf (last visited Aug. 6, 2024). Calculation of inflation:
(1) Calculate the average monthly CPI-U for the reference year
(1995) and the current year (2023); (2) Subtract reference year CPI-
U from current year CPI-U; (3) Divide the difference of the
reference year CPI-U and current year CPI-U by the reference year
CPI-U; (4) Multiply by 100 = [(Average monthly CPI-U for 2023-
Average monthly CPI-U for 1995) / (Average monthly CPI-U for 1995)]
x 100 = [(304.702-152.383) / 152.383] = (152.319/152.383) =
0.99958001 x 100 = 99.96 percent = 100 percent (rounded).
Calculation of inflation-adjusted value: $100 million in 1995
dollars x 2.00 = $200 million in 2023 dollars.
\20\ The term ``Federal mandate'' means a Federal
intergovernmental mandate or a Federal private sector mandate. See 2
U.S.C. 1502(1), 658(6).
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E. Small Business Regulatory Enforcement Fairness Act of 1996
(Congressional Review Act)
This IFR is not a ``rule'' as defined by the Congressional Review
Act (CRA), enacted as part of the Small Business Regulatory Enforcement
Fairness Act of 1996, Public Law 104-121. See 5 U.S.C. 804(3)(C)
(defining the term ``rule'' to exclude ``any rule of agency
organization, procedure, or practice that does not substantially affect
the rights or obligations of non-agency parties''). DHS will
nonetheless submit this IFR to both houses of Congress and the
Comptroller General before the rule takes effect.
F. Executive Order 14192 (Unleashing Prosperity Through Deregulation)
This rule is exempt from Executive Order 14192 as it is a
regulation issued with respect to national security, homeland security
and the immigration-related function of the United States.
G. Executive Order 13132 (Federalism)
This rule does not have substantial direct effects on the States,
on the relationship between the National Government and the States, or
on the distribution of power and responsibilities among the various
levels of government. Therefore, in accordance with section 6 of E.O.
13132, Federalism, 64 FR 43255 (Aug. 4, 1999), this rule does not have
sufficient federalism implications to warrant the preparation of a
federalism summary impact statement.
H. Executive Order 12988 (Civil Justice Reform)
This rule was drafted and reviewed in accordance with E.O. 12988,
Civil Justice Reform. This final rule was written to provide a clear
legal standard for affected conduct and was reviewed carefully to
eliminate drafting errors and ambiguities, so as to minimize litigation
and undue burden on the Federal court system. DHS has determined that
this rule meets the applicable standards provided in section 3 of E.O.
12988.
I. Executive Order 13175 (Consultation and Coordination With Indian
Tribal Governments)
This rule does not have Tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it would not have a substantial direct effect on one or more
Indian Tribes, on the relationship between the Federal Government and
Indian Tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian Tribes.
J. National Environmental Policy Act
DHS and its components analyze final actions to determine whether
the National Environmental Policy Act (NEPA), 42 U.S.C. 4321 et seq.,
applies to them and, if so, what degree of analysis is required. DHS
Directive 023-01 Rev. 01 and Instruction Manual 023-01-001-01 Rev. 01
(Instruction Manual) \21\ establish the policies and procedures that
DHS and its components use to comply with NEPA, 42 U.S.C. 4321 et
seq.\22\
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\21\ The Instruction Manual contains DHS's procedures for
implementing NEPA and was issued November 6, 2014, available at
https://www.dhs.gov/publication/directive-023-01-rev-01-and-instruction-manual-023-01-001-01-rev-01-and-catex.
\22\ The Council on Environmental Quality (CEQ) regulations, 40
CFR parts 1500 through 1508. also discuss NEPA implementing
procedures. DHS is aware of the November 12, 2024 decision in Marin
Audubon Society v. FAA, 121 F.4th 902 (D.C. Cir. 2024), reh'g en
banc denied, No. 23-1067, 2025 WL 374897 (D.C. Cir. Jan. 31, 2025).
To the extent that a court may conclude that the CEQ regulations
implementing NEPA are not judicially enforceable or binding on this
agency action, DHS notes that its NEPA procedures and approach here
are fully consistent with the NEPA statute in addition to being
consistent with the CEQ regulations. Even in the absence of the CEQ
regulations, DHS would proceed as it has here.
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NEPA allows Federal agencies to establish categories of actions
(``categorical exclusions'') that experience has shown do not,
individually or cumulatively, have a significant effect on the human
[[Page 11799]]
environment and, therefore, do not require an environmental assessment
(EA) or environmental impact statement (EIS).\23\ See 42 U.S.C.
4336(a)(2), 4336e(1). The Instruction Manual, Appendix A lists the DHS
Categorical Exclusions.\24\
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\23\ See also 40 CFR 1507.3(e)(2)(ii) and 1501.4.
\24\ See Appendix A, Table 1.
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Under DHS NEPA implementing procedures, for an action to be
categorically excluded, it must satisfy each of the following three
conditions: (1) The entire action clearly fits within one or more of
the categorical exclusions; (2) the action is not a piece of a larger
action; and (3) no extraordinary circumstances exist that create the
potential for a significant environmental effect.\25\
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\25\ Instruction Manual 023-01 at V.B(2)(a)-(c).
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This rule amends DHS's existing regulations at 8 CFR 264.1(a) to
identify another method for aliens to apply to register and be
fingerprinted under the alien registration requirements of the INA. DHS
has reviewed the rule and finds that the rule is of a strictly
administrative or procedural nature, and that no significant impact on
the environment, or any change in environmental effect will result from
the rule.
Accordingly, DHS finds that the promulgation of this final rule's
amendments clearly fits within categorical exclusion A3 established in
DHS's NEPA implementing procedures as an administrative change with no
change in environmental effect, is not part of a larger federal action,
and does not present extraordinary circumstances that create the
potential for a significant environmental effect.
K. Family Assessment
DHS has reviewed this rule in line with the requirements of section
654 of the Treasury General Appropriations Act, 1999.\26\ DHS has
systematically reviewed the criteria specified in section 654(c)(1), by
evaluating whether this regulatory action: (1) impacts the stability or
safety of the family, particularly in terms of marital commitment; (2)
impacts the authority of parents in the education, nurture, and
supervision of their children; (3) helps the family perform its
functions; (4) affects disposable income or poverty of families and
children; (5) only financially impacts families, if at all, to the
extent such impacts are justified; (6) may be carried out by State or
local government or by the family; or (7) establishes a policy
concerning the relationship between the behavior and personal
responsibility of youth and the norms of society. If the agency
determines a regulation may negatively affect family well-being, then
the agency must provide an adequate rationale for its implementation.
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\26\ Public Law 105-277, 112 Stat. 2681 (1998).
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DHS has determined that the implementation of this regulation will
not negatively affect family well-being and will not have any impact on
the autonomy and integrity of the family as an institution.
L. Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et
seq., DHS is required to submit to the Office of Management and Budget
(OMB) for review and approval any new collections of information. This
rule requires the use of Form G-325R, Biographic Information
(Registration). Consistent with 5 CFR 1320.13, USCIS has submitted and
OMB has approved a request for emergency authorization of the required
changes for a period of 6 months, as a new collection of information.
In this final rule, USCIS is requesting comments on this
information collection. Comments are due by May 12, 2025. When
submitting comments on the information collection, your comments should
include OMB Control Number 1615--NEW and address one or more of the
following four points:
(1) Evaluate whether the collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden of
the collection of information, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, such as permitting electronic
submission of responses.
A summary of the information collection follows.
USCIS Form G-325R (OMB Control Number 1615--NEW)
(1) Type of Information Collection: New collection.
(2) Title of Form/Collection: Biographic Information
(Registration).
(3) Agency form number, if any, and the applicable component of DHS
sponsoring the collection: Form G-325R; USCIS.
(4) Affected public who will be asked or required to respond:
Aliens, Individuals or Households. Aliens who are subject to alien
registration requirements of the Immigration and Nationality Act, as
amended, who have not yet registered.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: The estimated
total number of respondents for the information collection is 1,400,000
annually over a three-year period.\27\ The estimated hour burden per
response is 0.67 hours. The estimated total number of respondents for
the information collection of biometrics is 1,400,000 annually over a
three-year period and the estimated hour burden per response is 1.17
hours.
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\27\ DHS notes that the estimate of annual filing volume in the
PRA section is different from the average of the estimated
population discussed in the Affected Population section above. DHS
uses a different method for estimating the average annual number of
respondents for the information collection over the 3-year OMB
approval of the control number generally assuming more registrations
may be expected to occur in year one than in later years. When the
information collection request is nearing expiration USCIS will
update the estimates of annual respondents based on actual results
in the submission to OMB. The PRA burden estimates are generally
updated at least every 3 years. Thus, the PRA estimated annual
respondents would be updated to reflect the actual effects of this
rule within a relatively short period after a final rule takes
effect.
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(6) An estimate of the total public burden (in hours) associated
with the collection: The estimated total annual hour burden associated
with this collection is 2,576,000 hours.
(7) An estimate of the total public burden (in cost) associated
with the collection: The estimated total annual cost burden (e.g.,
filing fees and postage) associated with this collection of information
is $0
In addition, for PRA purposes, the estimated total annual
opportunity cost of responding to this collection is $43,110,480 for
completing the Form G-325R online and $75,282,480 for obtaining
biometrics. This burden cost is prepared for PRA purposes and does not
include travel time.
For further information on the approved collection of information,
including the estimated burden and the expiration date, please refer to
the OMB Control Number 1615--NEW at www.reginfo.gov.
List of Subjects in 8 CFR Part 264
Aliens, Reporting and recordkeeping requirements.
Accordingly, for the reasons set forth in the preamble, DHS amends
8 CFR part 264 as follows:
[[Page 11800]]
PART 264--REGISTRATION AND FINGERPRINTING OF ALIENS IN THE UNITED
STATES
0
1. The authority citation for part 264 is revised to read as follows:
Authority: 8 U.S.C. 1103, 1201, 1302-1305; 8 CFR part 2.
0
2. Amend Sec. 264.1 by:
0
a. In the table in paragraph (a), adding an entry, in alphabetical
order, for ``G-325R, Biographic Information (Registration), or its
successor form''; and
0
b. In the table in paragraph (b), adding an entry, in alphabetical
order, for ``USCIS Proof of Alien G-325R Registration, or its successor
form''.
The additions read as follows:
Sec. 264.1 Registration and fingerprinting
(a) * * *
Form No. and Class
* * * * *
G-325R, Biographic Information (Registration), or its successor
form.
* * * * *
(b) * * *
Form No. and Class
* * * * *
USCIS Proof of Alien G-325R Registration, or its successor form.
* * * * *
Kristi Noem,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2025-03944 Filed 3-7-25; 4:35 pm]
BILLING CODE 9111-97-P