New DHS Rule on Alien Registration: What Employers Need to Know

Effective April 11, the Department of Homeland Security (DHS) will implement an Interim Final Rule titled “Alien Registration Form and Evidence of Registration.” This rule expands the enforcement of long-standing foreign national registration requirements that obligate certain noncitizens to register with the government, provide biometric data, and carry proof of registration at all times. 

What’s happening: This requirement isn’t new; it stems from the 1940 Alien Registration Act enacted during World War II, which required all noncitizens remaining in the U.S. for more than 30 days to register and be fingerprinted. 

• While this requirement was later codified in U.S. immigration law, enforcement has historically been inconsistent. 

• The new DHS, however, is reviving and strengthening the original requirements with a particular focus on undocumented immigrants, visa overstays, and other unregistered noncitizens.

Important note for employers using work visas: Foreign nationals with an Employment Authorization Document (EAD) are not required to register again. These individuals are registered and documented through the workforce visa application process.

• Employers should expect to see a new document—Proof of Alien Registration—presented more frequently during the Form I-9 employment verification process. DHS has signaled plans to increase enforcement efforts, so it’s important to be prepared for potential audits and to understand how to respond if your workplace is subject to a raid or other enforcement action. 

Be prepared: Employers should understand how Immigration and Customs Enforcement (ICE) may engage with their workplace.

• ICE agents cannot enter non-public areas of your business without a judicial warrant signed by a judge. Administrative warrants (Forms I-200 or I-205) do not grant access. Ensure that HR personnel and on-site staff understand this distinction.

• ICE may enter a business for three primary reasons: 

  • Form I-9 Audit – ICE must provide at least 3 days’ notice to review employment authorization documentation. 

  • Worksite Raid – Unannounced inspections as part of an investigation. 

  • Targeted Detainment – ICE may come seeking a specific individual but could attempt to detain others. 

Looking ahead: While we recognize that member companies are committed to hiring a legal workforce, it’s important to be aware that immigration-related actions are expected to increase under Secretary Kristi Noem who announced that DHS will move toward full enforcement of the Immigration and Nationality Act. Employers should take steps now to ensure workforce records are accurate, up to date, and compliant.