Key Terminology U

What is undocumented?

Undocumented describes immigrants who live in the US without legal immigration status, either because they entered without authorization or stayed after a visa expired. Advocates prefer it to "illegal," because being in the country without status is a civil violation, not a crime.

Pew Research Center estimated that a record 14 million unauthorized immigrants lived in the US in 2023. About 6 million of them had some temporary protection from deportation, such as TPS, DACA or a pending asylum case. Millions live in mixed-status families with US citizen children.

The Associated Press stopped using "illegal immigrant" in 2013. Advocates argue that labeling a person illegal dehumanizes them. Entering without inspection can be a federal misdemeanor, but overstaying a visa is a civil matter.

Undocumented immigrants pay billions in taxes but are barred from most federal benefits. The Supreme Court ruled in Plyler v. Doe (1982) that states cannot deny children a free public K-12 education because of immigration status. Lack of status makes workers vulnerable to wage theft and unsafe conditions, because reporting abuse can lead to deportation.

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