U.S. Code » Title 8 » Chapter CHAPTER 12— IMMIGRATION AND NATIONALITY › Subchapter SUBCHAPTER II— IMMIGRATION › Part Part VII— Registration of Aliens

8 U.S.C. § 1302

Registration of aliens

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(a) It shall be the duty of every alien now or hereafter in the United States, who (1) is fourteen years of age or older, (2) has not been registered and fingerprinted under section 1201(b) of this title or section 30 or 31 of the Alien Registration Act, 1940, and (3) remains in the United States for thirty days or longer, to apply for registration and to be fingerprinted before the expiration of such thirty days.(b) It shall be the duty of every parent or legal guardian of any alien now or hereafter in the United States, who (1) is less than fourteen years of age, (2) has not been registered under section 1201(b) of this title or section 30 or 31 of the Alien Registration Act, 1940, and (3) remains in the United States for thirty days or longer, to apply for the registration of such alien before the expiration of such thirty days. Whenever any alien attains his fourteenth birthday in the United States he shall, within thirty days thereafter, apply in person for registration and to be fingerprinted.(c) The Attorney General may, in his discretion and on the basis of reciprocity pursuant to such regulations as he may prescribe, waive the requirement of fingerprinting specified in subsections (a) and (b) in the case of any nonimmigrant.(June 27, 1952, ch. 477, title II, ch. 7, § 262, 66 Stat. 224; Pub. L. 99–653, § 9, Nov. 14, 1986, 100 Stat. 3657; Pub. L. 100–525, § 8(h), Oct. 24, 1988, 102 Stat. 2617; Pub. L. 103–416, title II, § 219(n), Oct. 25, 1994, 108 Stat. 4317.)Editorial NotesReferences in Text

The Alien Registration Act, 1940, referred to in subsecs. (a) and (b), is act June 28, 1940, ch. 439, 54 Stat. 670. Sections 30 and 31 of that act were classified to sections 451 and 452 of this title and were repealed by section 403(a)(39) of act June 27, 1952.

Amendments

1994—Subsec. (c). Pub. L. 103–416 substituted “subsections (a) and (b)” for “subsection (a) and (b)”.

1988—Pub. L. 100–525 amended Pub. L. 99–653. See 1986 Amendment note below.

1986—Pub. L. 99–653, § 9, as amended by Pub. L. 100–525, added subsec. (c). As originally enacted, Pub. L. 99–653, § 9, amended subsec. (a) of this section by striking out “section 1201(b) of this title or” after “registered and fingerprinted under”. Pub. L. 100–525 revised Pub. L. 99–653, § 9, so as to add subsec. (c) and eliminate the original amendment of subsec. (a), thereby restoring the words “section 1201(b) of this title or”. See Effective Date of 1988 Amendment note below.

Statutory Notes and Related SubsidiariesEffective Date of 1994 Amendment

Amendment by Pub. L. 103–416 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 219(dd) of Pub. L. 103–416, set out as a note under section 1101 of this title.

Effective Date of 1988 Amendment

Amendment by Pub. L. 100–525 effective as if included in the enactment of the Immigration and Nationality Act Amendments of 1986, Pub. L. 99–653, see section 309(b)(15) of Pub. L. 102–232, set out as an Effective and Termination Dates of 1988 Amendments note under section 1101 of this title.

Effective Date of 1986 Amendment

Amendment by Pub. L. 99–653 applicable to applications for immigrant visas made, and visas issued, on or after Nov. 14, 1986, see section 23(b) of Pub. L. 99–653, set out as a note under section 1201 of this title.

Effective Date

Section effective 180 days after June 27, 1952, see section 407 of act June 27, 1952, set out as a note under section 1101 of this title.

Abolition of Immigration and Naturalization Service and Transfer of Functions

For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.

Notes of Decisions
Cited in 42 cases (2 in the last 5 years), 1954–2026 · leading case: Immigr. & Naturalization Serv. v. Lopez-Mendoza, 468 U.S. 1032 (1984).
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Immigr. & Naturalization Serv. v. Lopez-Mendoza, 468 U.S. 1032 (1984). · cites it 6× “II A deportation proceeding is a purely civil action to determine eligibility to remain in this country, not to punish an unlawful entry, though entering or remaining unlawfully in this country is itself a crime.”
Immigr. & Naturalization Serv. v. Delgado, 466 U.S. 210 (1984). · cites it 2× “787, 792 (1977), and resident aliens surely may be required to register with the INS and to carry proper identification, see 8 U. S. C. §§ 1302 , 1304(e). Nonetheless, as we held in Brignoni-Ponce, 422 U.”
Rajah v. Mukasey, 544 F.3d 427 (2d Cir. 2008). · cites it 3× “3479 (collecting statutes); see also 8 U.S.C. § 1302 (failure to register unless exempted by the attorney general); 8 U.”
Martinez-Medina v. Holder, 673 F.3d 1029 (9th Cir. 2010). · cites it 2× “3479 ] (citing 8 U.S.C. §§ 1302 , 1306, 1325); Martinez, 831 F.”
Guadalupe Campos v. United States, 888 F.3d 724 (5th Cir. 2018). “8 U.S.C. § 1302 . Once an alien is registered, the Government issues to the alien "a certificate of alien registration or an alien registration receipt card.”
Oyenike Alaka v. Attorney Gen. of the United States Sec'y of Dep't of Homeland Sec., 456 F.3d 88 (3rd Cir. 2006). “§ 1286 ("in the discretion of the Attorney General”); 8 U.S.C. § 1302 (c) ("[t]he Attorney General may, in his discretion”); 8 U.”
G-y-r, 23 I. & N. Dec. 181 (BIA 2001). “Section 262 of the Act, 8 U.S.C. § 1302 (1994). If registered, the alien has a duty to keep the Attorney General apprised of any address changes.”
United States v. Witkovich, 353 U.S. 194 (1957). · cites it 2× “224 , 8 U. S. C. § 1302 ; they must notify the Attorney General of their address annually and any change must be filed within 10 days thereof, 66 Stat.”
Ortega-Melendres v. Arpaio, 836 F. Supp. 2d 959 (D. Ariz. 2011). · cites it 2× “, 8 U.SC. §§ 1302, 1306, 1325 (2006) (criminal provisions); 8 U.”
People v. Suazo, 32 N.Y.3d 491 (NY 2018). “8 U. S. C. §§ 1302 , 1306, 1325 . . . See 8 U.”
United States v. Alabama, 813 F. Supp. 2d 1282 (N.D. Ala. 2011). · cites it 6× “56 § 10, it is necessary to consult certain provisions of the INA, namely 8 U.S.C. §§ 1302 , 1304(e), and 1306(a). As with any question of statutory interpretation, the court “begin[s] by examining the text of the statute to determine whether its meaning is clear.”
United States v. Filippo Sacco AKA John Rosselli, 428 F.2d 264 (9th Cir. 1970). · cites it 2× “Count one charged failure to register as an alien in violation of 8 U.S.C. §§ 1302 and 1306(a); counts two through six charged five violations of 8 U.”
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— 8 U.S.C. § 1302(a) — 1 case
Akins v. Saxbe, 380 F. Supp. 1210 (D. Me. 1974).
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