Alien Registration Form and Evidence of Registration, 11793-11800 [2025-03944]

Agencies

• DEPARTMENT OF HOMELAND SECURITY

[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