Undocumented refers to people living in the United States without current legal immigration status. This can include individuals who:

  • Entered the U.S. without inspection (such as crossing the border unlawfully), or
  • Entered legally (with a visa) but overstayed or violated the terms of their stay.

Being undocumented does not make a person a criminal, and the term “illegal immigrant” is often considered offensive or misleading. “Undocumented” is more accurate and respectful.

Common Reasons People Are Undocumented

  • Fleeing danger or poverty without a legal pathway to enter
  • Waiting for visa or asylum processing and falling out of status
  • Coming as children and never receiving legal status (such as many DACA recipients)

Risks and Limitations

Undocumented individuals may:

  • Be at risk of deportation
  • Face limited access to healthcare, legal work, and financial aid
  • Be ineligible for most federal public benefits

However, undocumented people still have rights under U.S. law, including:

  • The right to emergency medical care
  • The right to attend public school
  • Certain protections under the Constitution (such as due process and freedom from unlawful searches)

Pathways to Legalization

In some cases, undocumented individuals may become eligible for legal status through:

  • Family petitions
  • Asylum
  • U visas (for victims of crimes)
  • Special immigration legislation (like DACA or TPS)

Additional Resources

This page is for informational purposes only and does not offer legal advice.

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