ST. CROIX — A new push by the Trump administration to modernize an old registration requirement for noncitizens that includes fingerprinting will likely affect a segment of the Virgin Islands workforce and result in deportation, according to local immigration lawyers.
U.S. Citizenship and Immigration Services has established a new form, G-325R, and an online process by which unregistered noncitizens may register and comply with the mandates of the Immigration and Nationality Act, which became federal law in 1952 and has since been amended several times, according to USCIS.
The INA requires that, with limited exceptions, all noncitizens 14 or older who were not registered and fingerprinted (if required) when applying for a U.S. visa and who remain in the United States for 30 days or longer must apply for registration and fingerprinting.
Attorney Scot McChain, a St. Croix attorney who has been practicing immigration law for about five years, said the registration requirement is “troubling” for his clients who are immigrants, particularly for noncitizens who are illegally in the territory or who have become illegal during their stay.
“I think obviously the registration requirement has been around for quite some time, and they're simply choosing to enforce it so it is the law, and I’m not going to recommend that my clients don’t comply with the law, but I do think that some of the updated requirements, including fingerprinting, are unduly burdensome,” he said.
USCIS, an agency of the U.S. Department of Homeland Security that oversees lawful immigration to the United States, is only accepting Form G-325R from an online account.
President Donald Trump’s executive order issued on January 20, Protecting the American People Against Invasion, directed the Department of Homeland Security to ensure noncitizens comply with their duty to register with the government under Section 262 of the Immigration and Nationality Act. The executive order also directed DHS to ensure that failure to comply with the registration requirement is treated as a civil and criminal enforcement priority.
Many noncitizens in the United States have already registered, as required by law. However, a significant number of noncitizens present in the United States have had no direct way to register and meet their obligation under the Immigration and Nationality Act until the establishment of Form G-325R and the online registration process.
Attorney Clive Rivers, a St. Thomas attorney whose area of practice includes immigration, said he consulted with a couple of immigration lawyers on the U.S. mainland regarding the registration requirement.
“We think it’s an overreach by the administration,” he said. “Surely, the administration made it clear that whatever information is gathered would be used to facilitate the quest to round up and deport people, so I would not be encouraging people to follow. That would not be my advice to anyone because I see it as a ruse to further violate certain due process rights that an individual might have. I think in this instance, the administration has an ulterior motive that is not consistent with due process.”
USCIS announced the noncitizen registration requirements on February 25. The Department of Homeland Security published an interim final rule on March 12 introducing the mandatory registration system to enhance the enforcement of existing immigration laws by ensuring individuals comply with the statutory registration and fingerprinting of noncitizens.
It is the legal obligation of all unregistered noncitizens (or previously registered noncitizens who turn 14 years old) who are in the United States for 30 days or longer to comply with these requirements. The penalty for failure to register includes a fine up to $5,000 or up to six months in prison, or both.
McChain described the requirements as “unfortunate,” especially given the current immigration climate that has many noncitizens and immigrants fearful. He said the ramifications for the Virgin Islands are the same as on the U.S. mainland, suggesting that noncitizens in the country illegally are likely to be arrested and deported if they comply with the law and fulfill the registration requirement.
“I think the only difference here for the Virgin Islands is that obviously, it’s a smaller community, and in my mind, it’s likely to happen faster here than in the states,” he said. “I have a feeling that ultimately, in lieu of fines or jail time, they’ll simply be deported.”
Rivers said deportation of noncitizens in the territory would affect commerce in the Virgin Islands.
“It would decimate the workforce that’s already decimated, particularly the construction industry,” he said. “It will have dire consequences in the restaurants. And one of the reasons is because it’s easy to find people here because the place is so small, so it would not be my advice to anyone to do what the administration is asking them to do. I would not advise anyone to run afoul or break the law, but I wouldn’t advise them to comply.”
Attorney Rosh Alger, a St. Thomas attorney experienced in immigration law, wrote in an email response to WTJX that the registration requirement is going to hinder the free flow of technical and important foreigners who come to the United States on business while damaging the nation’s reputation. He wrote that all the technicians who come to the territory from other countries will have to be diligent to comply with the registration requirement, suggesting many will inadvertently violate the requirement.
“This will impact the marine, tourism, and import/export industries in the Virgin Islands that receive many professionals from BVI, Dominican Republic but also all the other Caribbean/Central America,” Alger wrote. “Bottom line, this will make the U.S. and our territory less competitive compared to other nations that welcome them for essential business.”
Parents and legal guardians of noncitizens below the age of 14 must ensure that those individuals are registered. Within 30 days of reaching his or her 14th birthday, all previously registered noncitizens must apply for reregistration and to be fingerprinted.
Noncitizens who have already registered include lawful permanent residents; noncitizens paroled into the United States under the Immigration and Nationality Act, even if the period of parole has expired; noncitizens admitted to the United States as nonimmigrants who were issued Form I-94 or I-94W (paper or electronic), even if the period of admission has expired; all noncitizens present in the United States who were issued immigrant or nonimmigrant visas before their last date of arrival; noncitizens whom the Department of Homeland Security has placed into removal proceedings; noncitizens issued an employment authorization document; noncitizens who have applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, I-700, and provided fingerprints (unless waived), even if the applications were denied; and noncitizens issued border crossing cards.
Anyone who has not applied for a visa, been issued one of the documents designated as evidence of registration or has not submitted one of the designated forms and provided fingerprints (unless waived) is not registered. Noncitizens who have not registered include those who crossed the border illegally; Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration; and noncitizens who submitted one or more benefit requests to USCIS not listed in the Code of Federal Regulation, Title 8, including applications for deferred action or temporary protected status who were not issued evidence of registration. Individuals who are not registered must register by filling out Form G-325R online.
While DHS is not incorporating a fee for filing Form G-325R currently, the department has proposed adding a $30 biometric services fee per registrant for the collection, use, and storage of biometric information. USCIS, which pays about $10 to the FBI for fingerprinting results, calculated that the biometric collection, storage, and use at an application support center costs about $19.50. The sum of these costs is about $29.50, which USCIS rounded up to the nearest $5 increment, making the proposed fee $30. DHS welcomes comments on this potential fee, including the calculation of the fee. Comments can be submitted online through the federal portal at https://www.regulations.gov by entering a search for USCIS-2025-0004. Comments must be received by April 11.
Noncitizens must fill out an electronic version of Form G-325R by first creating a USCIS online account by clicking on the following link: USCIS Online Account | Sign up for a USCIS account. USCIS will review the form to determine if the registrant is required to appear for a biometric services appointment. Those required to do so will be scheduled for an appointment. Upon registering and providing biometrics (if required), USCIS will post a notice to the registrant’s USCIS online account that provides proof of registration.
