President Trump’s executive order “Protecting the American People Against Invasion” introduces significant changes affecting Canadian snowbirds in the U.S. This order requires the Department of Homeland Security (DHS) to enforce registration requirements for all foreign nationals residing in the United States under Section 262 of the Immigration and Nationality Act (INA).
Who Needs to Register?
Under the INA, the following foreign nationals must register:
- All foreign nationals 14 years of age or older who did not register or undergo
fingerprinting when applying for a U.S. visa and who remain in the U.S. for 30 days
or longer. - Parents or guardians of foreign nationals under the age of 14 that will remain in the U.S.
for 30 days or more must register on their behalf. - All foreign nationals, whether previously registered or not, who turn 14 years old while in
the United States must register within 30 days after their 14th birthday.
Once registered, DHS will issue evidence of registration, which foreign nationals 18 years and older must carry at all times.
What This Means For Canadians
While historically Canadian citizens have enjoyed visa exemption and verbal inspection at land borders without formal documentation, the new requirements directly impact this process.
New Requirements
All Canadians who wish to remain in the United States for more than 30 days must now either:
- Obtain an I-94 admission record, or
- Register according to the new Executive Order
This applies to Canadians currently in the United States and those planning to enter.
Penalties For Non-Compliance
Failure to comply with the registration requirements can result in civil and criminal penalties, including misdemeanor prosecution and fines. It is important to note that registration does not grant immigration status, nor does it establish employment authorization or any other legal benefits under U.S. law.
Who Is Exempt From Registration?
The following foreign nationals are already considered registered:
- Lawful permanent residents (Green Card holders)
- Paroled foreign nationals under INA 212(d)(5) (even if their parole period has expired)
- Nonimmigrants issued Form I-94 or I-94W (including paper and electronic versions), even if the period of admission has expired.
- Individuals who received U.S. immigrant or nonimmigrant visas before arrival
- Foreign nationals placed in removal proceedings by DHS.
- Applicants for lawful permanent residence (filed Forms I-485, I-687, I-698, I-691, or I 700—even if denied)
- Employment authorization card (EAD) holders
- Border Crossing Card holders.
These individuals do not need to take any further action unless directed by DHS.
Registration Process
To assist unregistered foreign nationals, comply with the law, USCIS is introducing a new registration form and process. This will ensure that foreign nationals who have not previously registered can now fulfill this requirement.
Starting February 25, 2025, foreign nationals required to register should create a USCIS online account in preparation for the registration process. Once the process is in place, foreign nationals will submit their registration, and parents or guardians will submit registrations for children under 14, through their USCIS online account.
Conclusion
At Berardi Immigration Law, we are committed to helping Canadian snowbirds navigate these new registration requirements. Don’t get caught off guard—know your rights and responsibilities before your next trip south. We are here to guide you through this new process and ensure you stay in full compliance with U.S. immigration law.
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