Undocumented Immigrants: Lawbreakers Or Misunderstood?

The term undocumented immigrant is used to describe foreign-born individuals who do not possess valid visas or immigration documentation and are not legally admitted to a country, such as the United States. The use of this term over illegal immigrant is often debated, with proponents of the latter claiming it is more precise and concise, while opponents argue that it is legally and morally problematic as it connotes criminality and dehumanizes individuals. The unauthorized immigrant population in the United States was estimated to be 11 million in 2022, with the majority originating from Mexico, followed by El Salvador, Honduras, and Guatemala. This complex issue involves various factors, including civil offenses, human rights, and systemic problems.

Undocumented immigrants are foreign-born people without valid visas or immigration documents

The term "undocumented" is preferred by immigrant rights and advocacy groups over "illegal immigrant" because the latter connotes criminality, while the presence of undocumented immigrants in the US is a civil offence, not a criminal one. Further, the term "illegal immigrant" labels the individual rather than their actions, and it scapegoats immigrants for problems that are largely systemic.

Undocumented immigrants face significant challenges in obtaining legal status in the US. They are generally barred from obtaining green cards while inside the country and must leave the country to obtain a visa. However, leaving the country to obtain a visa can result in negative consequences, including being barred from re-entering the US for up to 10 years.

There are limited pathways to legal status for undocumented immigrants, including family-based immigration, employment-based immigration, and humanitarian protection. However, most undocumented immigrants do not have the necessary family or employment relationships to qualify for these pathways, and humanitarian protection is difficult to access.

Even when qualifying relationships or employment opportunities exist, there may be significant backlogs and waits of up to several decades for immigrant visas. This is particularly true for people from countries with high levels of immigration to the US, such as Mexico, China, India, and the Philippines.

Undocumented immigrants face the constant risk of removal or deportation from the US, which can result in family separation, financial disruption, and stiffer immigration penalties. Despite these challenges, there are some paths to legal status available, including marriage to a US citizen or lawful permanent resident, the DREAMers Green Card through employment with LIFE Act Protection, the U Visa for victims of crime, and Non-LPR Cancellation of Removal for long-term residents facing removal.

The term illegal immigrant is misleading, inaccurate, and dehumanizing, according to critics

The term "illegal immigrant" is misleading, inaccurate, and dehumanizing, according to critics. While some politicians and media outlets continue to use this term, immigrant rights and advocacy groups argue for the use of alternative terms such as "undocumented," "unauthorized," or "without status."

Critics argue that the term "illegal immigrant" is legally misleading as it implies criminality, when in fact, being in a country without proper documentation is typically a civil offense, not a criminal one. It is also legally inaccurate as it assumes guilt before a verdict and implies finality when immigration status is often fluid and adjustable. Furthermore, the term is technically inaccurate as it labels the individual rather than their actions.

On moral grounds, critics argue that the term "illegal immigrant" scapegoats individuals for systemic problems and divides and dehumanizes communities, contributing to discrimination against people of color. It creates an environment of hate by exploiting racial fear and affects the attitudes of both immigrants and non-immigrants, particularly those of African, Asian, Central American, and Mexican descent. The term also impacts the self-esteem and sense of belonging of young people and increases tolerance for human rights violations.

In addition, critics argue that the term is outdated, offensive, and carries negative connotations. They emphasize the need to consider the historical context of immigration in the United States, recognizing the colonization by European immigrants, the forced immigration of Africans through slavery, and the recruitment of labor from various countries, only to be later excluded or deported.

While critics acknowledge that terms like "undocumented" are not perfect, they are preferred by many over "illegal immigrant" as they do not carry the same negative and dehumanizing connotations.

Unauthorized immigrants include those not admitted for lawful residence or granted asylum

The term "unauthorized" or "undocumented" immigrant is often used to refer to individuals who reside in a country without official government authorization. Unauthorized immigrants include those not admitted for lawful residence or granted asylum. This means they do not possess a valid visa or other immigration documentation. They may have entered the country without inspection, stayed longer than their temporary visa permitted, or violated the terms under which they were admitted.

In the United States, the term "illegal immigrant" has been the subject of debate, with conservatives favoring this term to emphasize the legal violation that occurred when an individual entered the country without authorization. However, critics argue that the term "illegal" is imprecise and misleading, as it carries connotations of criminality, while unauthorized presence in the U.S. is a civil offense, not a criminal one. The term also obscures the fluidity of immigration status, which can be adjusted based on individual circumstances.

The Associated Press (AP) and the Biden administration have moved away from using the term "illegal immigrant," with the AP recommending phrases like "living in or entering a country illegally" instead. The Biden administration has instructed U.S. immigration enforcement agencies to use the term "undocumented noncitizen" instead of "illegal alien."

Unauthorized immigrants may face legal penalties for their unlawful presence in a country. In the U.S., for example, unauthorized immigrants who stayed in the country without proper documents may be prevented from returning for three or ten years, depending on the length of their unlawful stay. These time bars apply to those who stayed unlawfully after April 1997, when the provisions of the Immigration and Nationality Act took effect.

The unauthorized immigrant population in the US was estimated at 11 million in 2022

The term "unauthorized immigrant" is used by many academic researchers and policy analysts to refer to individuals who are not authorized to be in a particular country, usually because they lack the necessary documentation. In the United States, the term "unauthorized immigrant" is often used interchangeably with "undocumented immigrant," "illegal immigrant," or "illegal alien."

In 2022, the unauthorized immigrant population in the United States was estimated to be 11 million, according to the Pew Research Center. This number represents a significant portion of the total immigrant population in the country and has fluctuated over the years. The estimate of 11 million in 2022 was an increase from 10.5 million in 2021, reversing a long-term downward trend from 2007 to 2019. However, it was still below the peak of 12.2 million in 2007.

The unauthorized immigrant population in the US includes individuals who entered the country without inspection, stayed longer than their temporary visa permitted, or otherwise violated the terms of their admission. This population is diverse and comes from various countries and regions, with Mexico consistently being the most common country of origin.

The presence of unauthorized immigrants in the US has been a subject of debate, with some referring to them as "illegal immigrants" and others preferring terms like "undocumented." The choice of terminology can be influenced by political and ideological perspectives, with some arguing that terms like "illegal" are more precise and concise, while others find them dehumanizing and legally misleading.

The unauthorized immigrant population in the US has significant implications for the country's economy, society, and politics. They often face challenges in accessing legal rights, social services, and employment opportunities. Their presence also influences public discourse and policy-making regarding immigration, border control, and law enforcement.

Unauthorized immigrants make up about 4.8% of the US workforce

Unauthorized immigrants, also known as "illegal aliens", are foreign-born individuals who do not possess valid visas or other immigration documents. They may have entered the country without inspection, overstayed their temporary visas, or violated the terms of their admission. The term "undocumented immigrant" is preferred by immigrant rights and advocacy groups, who argue that "illegal immigrant" connotes criminality and dehumanizes communities.

Estimates suggest that unauthorized immigrants made up about 4.8% of the US workforce in 2022, a slight decrease from 5.4% in 2007. This percentage equates to approximately 8.3 million workers in 2022, up from 7.4 million in 2019. The increase in the unauthorized immigrant population in 2022 reversed a long-term downward trend from 2007 to 2019.

Unauthorized immigrants are overrepresented in certain industries compared to their share of the overall US workforce. For example, they account for 12% of workers in construction, 8% in leisure and hospitality, 7% in personal and other services, and 6% in manufacturing. Many unauthorized immigrants work in industries that are at risk of job loss during the COVID-19 outbreak, as they hold positions that are difficult to perform remotely.

The presence of unauthorized immigrants in the US workforce has sparked debate. Some Americans believe that they mostly fill jobs that US citizens do not want, particularly in essential sectors like agriculture and food production and distribution. In 2020, a Pew Research Center survey found that 77% of adults agreed with this statement, including majorities across racial, ethnic, and political groups.

However, others argue that unauthorized immigrants take jobs that US citizens would like to have. In the same Pew Research Center survey, 21% of adults held this view. The debate over unauthorized immigrants in the US workforce is complex and multifaceted, and it remains a divisive issue in American society.

Frequently asked questions