What is the legal status of immigrants in the U.S.?

Written by Parriva — October 2, 2024
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What is the legal status of immigrants in the U.S.

Most immigrants (77%) are in the country legally. As of 2022:

*49% were naturalized U.S. citizens.

*24% were lawful permanent residents.

*4% were legal temporary residents.

*23% were unauthorized immigrants.

From 1990 to 2007, the unauthorized immigrant population more than tripled in size, from 3.5 million to a record high of 12.2 million. From there, the number slowly declined to about 10.2 million in 2019.

In 2022, the number of unauthorized immigrants in the U.S. showed sustained growth for the first time since 2007, to 11.o million.

As of 2022, about 4 million unauthorized immigrants in the U.S. are Mexican. This is the largest number of any origin country, representing more than one-third of all unauthorized immigrants. However, the Mexican unauthorized immigrant population is down from a peak of almost 7 million in 2007, when Mexicans accounted for 57% of all unauthorized immigrants.

The drop in the number of unauthorized immigrants from Mexico has been partly offset by growth from other parts of the world, especially Asia and other parts of Latin America.

The 2022 estimates of the unauthorized immigrant population are our latest comprehensive estimates. Other partial data sources suggest continued growth in 2023 and 2024.

Who are unauthorized immigrants?

Virtually all unauthorized immigrants living in the U.S. entered the country without legal permission or arrived on a nonpermanent visa and stayed after it expired.

A growing number of unauthorized immigrants have permission to live and work in the U.S. and are temporarily protected from deportation. In 2022, about 3 million unauthorized immigrants had these temporary legal protections. These immigrants fall into several groups:

Temporary Protected Status (TPS): About 650,000 immigrants have TPS as of July 2022. TPS is offered to individuals who cannot safely return to their home country because of civil unrest, violence, natural disaster or other extraordinary and temporary conditions.

Deferred Action for Childhood Arrivals program (DACA): Almost 600,000 immigrants are beneficiaries of DACA. This program allows individuals brought to the U.S. as children before 2007 to remain in the U.S.

Asylum applicants: About 1.6 million immigrants have pending applications for asylum in the U.S. as of mid-2022 because of dangers faced in their home country. These immigrants can stay in the U.S. legally while they wait for a decision on their case.

Other protections: Several hundred thousand individuals have applied for special visas to become lawful immigrants. These types of visas are offered to victims of trafficking and certain other criminal activities.

In addition, about 500,000 immigrants arrived in the U.S. by the end of 2023 under programs created for Ukrainians (U4U or Uniting for Ukraine) and people from Cuba, Haiti, Nicaragua and Venezuela (CHNV parole). These immigrants mainly arrived too late to be counted in the 2022 estimates but may be included in future estimates.

 

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