All issues · Immigration · No. 12

Unauthorized Immigrants and Legal Status

What should happen to people living in the country without authorization, many for decades?

Millions of people live in the US without legal status. Many arrived years ago, work, pay taxes, and have citizen children. Policy options range from broad legalization to broad removal, with numerous intermediate approaches.

A substantial share of the unauthorized population entered lawfully and remained after a visa expired, rather than crossing between ports. This shapes which enforcement tools are relevant.

Unauthorized workers pay sales and property taxes, and many pay payroll and income taxes using assigned taxpayer numbers, while remaining ineligible for most federal benefits they help fund.

Mixed-status households are common, in which citizen children live with a parent who lacks status. Enforcement decisions therefore affect citizens as well as non-citizens.

The positionsFind your officials →

POSITION 1 / 3

Path to legal status

People deeply rooted in American communities should be able to regularize their status under defined conditions.

Removing a population of this size is not practically or economically achievable.
Legalization brings workers into full tax compliance and labor protection.
Long residence, work history, and family ties are the basis law usually recognizes.
Fear of enforcement deters reporting of crimes and workplace abuse.

POSITION 2 / 3

Enforcement and removal

Legalization rewards violation of the law and encourages future unauthorized entry.

Prior legalization efforts were followed by renewed growth in unauthorized migration.
Those who waited in legal queues are disadvantaged by amnesty for those who did not.
Consistent workplace verification would reduce the incentive to remain.
Selective enforcement undermines the credibility of immigration law generally.

POSITION 3 / 3

Narrow and conditional legalization

Distinguish among groups rather than adopting a single rule for everyone.

People brought as children did not choose to violate the law.
Status could be conditioned on work history, background checks, and time in the country.
Legalization paired with verification and enforcement addresses both concerns.
Provisional status short of citizenship is an available intermediate step.

Terms you will hearFind your officials →

DACA: A policy providing temporary protection from removal for some who arrived as children.
Visa overstay: Remaining after lawful admission expires; a major source of unauthorized presence.
E-Verify: A federal system for checking employment eligibility, mandatory in some states.
Mixed-status household: A family in which members hold different immigration statuses, often including citizens.

What people actually disagree aboutFind your officials →

Does long residence create a claim that law should recognize?
Can legalization be structured so it does not encourage future unauthorized entry?
Should people brought as children be treated differently from adults who chose to stay?

Do something about itFind your officials →

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