Unauthorized Immigrants: Frequently Asked Questions

Unauthorized Immigrants: Frequently Asked Questions

Unauthorized Immigrants: Frequently Asked
August 10, 2022
Questions
Abigail F. Kolker
Unauthorized immigrants are noncitizens who generally have entered the United States without
Analyst in Immigration
inspection, overstayed a period of lawful admission, or violated the terms of their admission.
Policy
Congress has a longstanding interest in the unauthorized population.

Holly Straut-Eppsteiner
This report covers several frequently asked questions about the unauthorized immigrant
Analyst in Immigration
population (sometimes referred to as undocumented migrants, illegal migrants, or aliens in
Policy
immigration law) residing in the United States. First, the report describes the size of the

unauthorized population and demographics of those who make up this population, including their
origins, number of years residing in the United States, and family characteristics, including
For a copy of the full report,
estimates of mixed-status families (e.g., families whose members include unauthorized migrants
please call 7-5700 or visit
as well as those with lawful immigration statuses or who are U.S. citizens). Next, it covers
www.crs.gov.
unauthorized immigrants’ eligibility for benefits—including public benefits, student aid, driver’s
licenses, and work authorization—as well as eligibility for voting and military service. It then answers questions about the
population’s economic characteristics, including labor force participation, wage impacts, fiscal impacts, and tax obligations.
This is followed by a discussion of immigration and crime. Next, the report covers pathways and barriers to lawful status
through the legal immigration system. This section also considers recent proposals for legalization of certain subsets of the
unauthorized population. The final section of the report provides data on immigration enforcement, including the number of
noncitizens in removal proceedings and annual removals over time. Because this report focuses on the population already
residing in the United States, it does not address policies or issues related to migrant arrivals at the border.

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Contents
Introduction ..................................................................................................................................... 1
Population Size and Demographics ................................................................................................. 2
How many unauthorized immigrants live in the United States? ............................................... 2
How do people become unauthorized? ..................................................................................... 4
Where are unauthorized immigrants from? ............................................................................... 4
How long have unauthorized immigrants lived in the United States? ...................................... 5
Where do unauthorized immigrants live in the United States? ................................................. 5
How many unauthorized immigrants are members of mixed-status families? ......................... 5
Eligibility for Certain Federal and State Benefits ........................................................................... 6
Are unauthorized immigrants eligible for federal public benefits? ........................................... 6
Does federal law restrict unauthorized immigrants’ access to state public benefits? ................ 7
Can unauthorized immigrants receive work authorization? ...................................................... 7
Are unauthorized immigrants eligible for student aid and/or in-state tuition? .......................... 8
Are unauthorized immigrants eligible for driver’s licenses and REAL IDs? ............................ 8
Eligibility for Voting and Military Service ...................................................................................... 8
Are unauthorized immigrants eligible to vote in elections? ...................................................... 8
Are unauthorized immigrants eligible to serve in the U.S. military? ........................................ 8
Economic Characteristics ................................................................................................................ 9
At what rate do unauthorized immigrants participate in the labor force? ................................. 9
In which industries do unauthorized immigrants work? ......................................................... 10
Do unauthorized immigrants impact the wages of U.S.-born workers?.................................. 10
What fiscal impacts do unauthorized immigrants have on federal, state, and local
governments? ........................................................................................................................ 11
Are unauthorized immigrants required to pay federal taxes? ................................................... 11
Crime ............................................................................................................................................. 12
Is there a relationship between unauthorized immigrants and crime? .................................... 12
Pathways to Permanent Status ....................................................................................................... 13
Are unauthorized immigrants able to obtain permanent legal status? ..................................... 13
What are the three- and ten-year bars? .................................................................................... 14
Are unauthorized immigrants able to become U.S. citizens? .................................................. 14
What legalization programs for unauthorized immigrants have been proposed in
recent Congresses? ............................................................................................................... 15
Removal......................................................................................................................................... 15
How many unauthorized immigrants are in removal proceedings? ........................................ 15
How many unauthorized immigrants are deported every year? .............................................. 16
Whom should I contact with additional questions? ....................................................................... 17

Tables
Table 1. Estimates of the Unauthorized Population from Various Sources ..................................... 2

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Contacts
Author Information ........................................................................................................................ 17

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Introduction
Congress has a longstanding interest in the unauthorized immigrant population. Unauthorized
immigrants are noncitizens (aliens under the law1) who generally have entered the United States
without inspection, overstayed a period of lawful admission (overstays), or violated the terms of
their admission. The population is also referred to by different adjectives by various observers,
including undocumented, irregular, and illegal.2
The size and composition of the U.S. unauthorized population has changed over time in
conjunction with a multitude of factors, including global economic and origin country conditions,
U.S. labor market demand, U.S. immigration policy and border enforcement, migrant networks,
and changing fertility in sending countries.3 Although the unauthorized population is challenging
to measure directly, as described below, analysts have documented notable changes in its size and
composition over time.
As of the cover date of this report, an estimated 11 million unauthorized immigrants reside in the
United States.4 Estimates suggest the unauthorized population has decreased from its peak of
approximately 12 million in 2007. Prior to 2010, most immigrants became unauthorized by
entering the United States without inspection, a flow dominated by Mexican nationals. In recent
years, flows of migrants crossing the Southwest border without inspection have increasingly
included migrants from Central America. Simultaneously, there has been an increase in return
migration to Mexico by unauthorized Mexican immigrants. In addition, in recent years, more
individuals from countries other than Mexico or those in Central America have entered the
unauthorized population by overstaying their period of lawful admission. As a result, the national
origins of unauthorized immigrants—once overwhelmingly represented by Mexican nationals—
have become more diverse.
This report provides answers to frequently asked questions about the unauthorized immigrant
population, addressing topics including the population size and demographics; eligibility for
benefits, voting, and military service; economic characteristics; impact on crime rates; pathways
to and legislative proposals for permanent legal status; and interior immigration enforcement such
as removal, among other topics. The report’s scope is limited to the population already residing in
the United States; therefore, it does not address policies or issues related to migrant arrivals at the
border.5

1 The term alien refers to people who are not U.S. citizens or U.S. nationals. Aliens include foreign nationals who are
legally present as well as those not legally present. The term is defined in the Immigration and Nationality Act of 1952,
as amended (INA), Section 101(a)(3), 8 U.S.C. §1101(a)(3).
2 For purposes of clarity and consistency, this report will use the terms unauthorized immigrants and unauthorized
population.
3 See, for example, Andrés Villarreal, “Explaining the Decline in Mexico-U.S. Migration: The Effect of the Great
Recession,” Demography, vol. 51, no. 6 (2014), pp. 2203-2228; Pia M. Orrenius and Madeline Zavodny, “Do amnesty
programs reduce undocumented immigration? Evidence from IRCA,” Demography, vol. 40 (2003), pp. 437-450;
Randy Capps et al., “Unauthorized Immigrants in the United States: Stable Numbers, Changing Origins,” Migration
Policy Institute, December 2020 (hereinafter, “Capps et al. 2020”); and Douglas S. Massey, Jorge Durand, and Nolan J.
Malone, Beyond Smoke and Mirrors: Mexican Immigration in an Era of Economic Integration (New York: Russell
Sage Foundation, 2002).
4 See Table 1.
5 For more information on migrant processing at the border, see CRS Report R46999, Immigration: Apprehensions and
Expulsions at the Southwest Border; CRS Report R42138, Border Security: Immigration Enforcement Between Ports of
Entry; and CRS Legal Sidebar LSB10582, Asylum Processing at the Border: Legal Basics.
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Population Size and Demographics
How many unauthorized immigrants live in the United States?
There are no direct measures of the unauthorized population residing in the United States. The
federal government does not have official counts of unauthorized immigrants living in this
country in administrative data. Major government population surveys, such as the decennial
census and American Community Survey (ACS), do not collect information on respondents’
immigration status.6
Nevertheless, researchers in academic settings, nongovernmental research organizations, and
federal agencies have developed estimates of the unauthorized population using available survey
data. These estimates rely on various methodologies that impute immigration status based on
other characteristics captured in government surveys—principally, the ACS, as well as
administrative records from the Department of Homeland Security (DHS). Recent estimates from
authoritative sources within the last five years vary, but generally place the unauthorized
population between approximately 10 million and 11 million individuals. Table 1 enumerates the
most recent unauthorized population estimates from six sources.
Table 1. Estimates of the Unauthorized Population from Various Sources
Estimate Source
Estimate
Year
Data Source(s)
Center for Immigration Studies
11.35 mil ion
2022
Current Population Survey (CPS); DHS and
other administrative data
Center for Migration Studies New York
10.3 mil ion
2019
ACS; DHS administrative data
Congressional Budget Office
11.0 mil ion
2018
CPS; DHS administrative data
Migration Policy Institute
11.0 mil ion
2019
ACS; Survey of Income Participation; DHS
administrative data
Pew Research Center
10.5 mil ion
2017
ACS; DHS administrative data
U.S. Department of Homeland Security
11.4 mil ion
2018
ACS; DHS and other administrative data
Source: Steven A. Camarota and Karen Zeigler, “Estimating the Il egal Immigrant Population Using the Current
Population Survey,” Center for Immigration Studies, March 29, 2022; Center for Migration Studies New York,
“Estimates of Undocumented and Eligible-to-Naturalize Populations by State,” 2021; Julia Heinzel, Rebecca
Heller, and Natalie Tawil, “Estimating the Legal Status of Foreign-Born People,” Congressional Budget Office,
Working Paper 2021-02, March 2021; Migration Policy Institute, “Profile of the Unauthorized Population: United
States,” accessed May 16, 2022; Mark Hugo Lopez, Jeffrey S. Passel, and D’Vera Cohn, “Key Facts about the
Changing U.S. Unauthorized Immigrant Population,” Pew Research Center, April 13, 2021; and Bryan Baker,
“Estimates of the Unauthorized Immigrant Population Residing in the United States: January 2015-January 2018,”
U.S. Department of Homeland Security, January 2021.
Based on these estimates, the unauthorized population represents about 23% to 26% of the
approximately 44.1 million foreign-born individuals living in the United States.7

6 The ACS collects data on whether respondents are foreign-born and their U.S. citizenship status, but it does not
directly capture any measure of immigration status.
7 U.S. Census Bureau, “Selected Characteristics of the Native and Foreign-Born Populations,” S0501. For more
information, see CRS In Focus IF11806, Citizenship and Immigration Statuses of the U.S. Foreign-Born Population.
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There is a general consensus among researchers that the unauthorized population grew during the
1980s, 1990s, and early 2000s until it reached a peak of approximately 12 million around 2007.8
The population then declined following the Great Recession.9 Some researchers estimate that the
unauthorized population has declined in recent years10 while others estimate that the population
has stabilized.11 Recent estimates also suggest that the proportion of all foreign-born individuals
who are unauthorized has generally declined.12

DACA, TPS, and DED Populations
Immigration authorities have exercised their enforcement discretion to grant certain noncitizens temporary
reprieves from removal. Individuals covered by the fol owing forms of relief are typically counted in estimates of
the broader unauthorized population:
Deferred Action for Childhood Arrivals (DACA) allows certain individuals without a lawful immigration
status who were brought to the United States as children and meet other criteria to be granted deferred action, or
protection from deportation, for two years (which may be renewed). As of March 2022, there were
approximately 611,270 active DACA recipients.13
Temporary Protected Status (TPS) is a blanket form of humanitarian relief provided in statute to individuals
from certain countries regardless of immigration status.14 The DHS Secretary may designate a country for TPS due
to ongoing armed conflict, natural disaster, or extraordinary and temporary conditions that prevent nationals from
safely returning. As of February 2022, 354,625 individuals from 12 countries had TPS.15
Deferred Enforced Departure (DED) is another form of blanket relief that grants a temporary, discretionary,
administrative stay of removal to individuals from certain countries regardless of immigration status.16 The
President has discretion to authorize DED under constitutional powers to conduct foreign relations. Certain
Liberians and residents of Hong Kong present in the United States currently maintain relief under DED.17

8 See, for example, Capps et al. 2020, and Mark Hugo Lopez, Jeffrey S. Passel, and D’Vera Cohn, “Key Facts about the
Changing U.S. Unauthorized Immigrant Population,” Pew Research Center, April 13, 2021 (hereinafter, “Lopez et al.
2021”).
9 Analysts have associated this decline with higher rates of unemployment and reduced labor demand as well as
increased immigration enforcement (i.e., deportations). For example, see Capps et al. 2020.
10 Robert Warren, “In 2019, the US Undocumented Population Continued a Decade-Long Decline and the Foreign-
Born Population Neared Zero Growth,” Journal on Migration and Human Security, vol. 9, no. 1 (2021), pp. 31-43
(hereinafter, “Warren 2021”).
11 Capps et al. 2020.
12 For example, the Migration Policy Institute estimates that unauthorized immigrants were 30 percent of the foreign-
born population in 2007 compared with 23 percent in 2018. See Capps et al. 2020.
13 U.S. Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS), “Count of
Active DACA Recipients by Month of Current DACA Expiration as of March 31, 2022.” For more information, see
CRS Report R45995, Unauthorized Childhood Arrivals, DACA, and Related Legislation; CRS Report R43747,
Deferred Action for Childhood Arrivals (DACA): Frequently Asked Questions; and CRS Report R45158, An Overview
of Discretionary Reprieves from Removal: Deferred Action, DACA, TPS, and Others.
14 Individuals with TPS may concurrently hold another status (e.g., nonimmigrant).
15 In March and April of 2022, the Biden Administration announced TPS designations for three additional countries:
Ukraine, Afghanistan, and Cameroon. For more information, see CRS Report RS20844, Temporary Protected Status
and Deferred Enforced Departure.
16 Individuals with DED may concurrently hold another status (e.g., nonimmigrant).
17 Individuals covered by DED are not required to register for the status with USCIS unless they are applying for work
authorization. As a result, USCIS does not maintain data on the total population covered by DED. For more
information, see CRS Report RS20844, Temporary Protected Status and Deferred Enforced Departure.
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How do people become unauthorized?
The unauthorized population generally18 consists of individuals in the United States who entered
without inspection (EWI) and those who overstayed a period of a lawful admission or violated the
terms of their admission.19 While the majority of the total unauthorized population are people
who entered without inspection, in recent years overstays have accounted for the majority of the
newly unauthorized population. For example, an analysis of unauthorized migration from 2010 to
2017 found that the majority of individuals who became unauthorized during that period were
overstays.20 An estimated 46% of the total unauthorized population in 2017 were overstays.21 The
proportion of overstays has increased primarily because EWIs began to decline after 2000.22
Where are unauthorized immigrants from?
Mexican nationals have long represented the largest national group of unauthorized immigrants in
the United States. Recent estimates place Mexican nationals at between 46% and 48% of the total
unauthorized population.23 However, this proportion has generally declined in recent years as a
substantial number of migrants have returned to Mexico while unauthorized migration from
countries other than Mexico has increased.24 For example, migrants from Central America and
Asia have made up a growing proportion of the unauthorized population.25 After Mexico, top
countries of origin for the unauthorized population residing in the United States in 2018-2019
were El Salvador, Guatemala, India, Honduras, and China.26

18 The unauthorized population may also include those who entered with fraudulent documents. CRS is unaware of
estimates of this population.
19 This would include violations of, for example, the terms of a visa (see CRS Report R45040, Immigration:
Nonimmigrant (Temporary) Admissions to the United States) or the Visa Waiver Program (see CRS Report RL32221,
Visa Waiver Program).
20 Robert Warren, “US Undocumented Population Continued to Fall from 2016 to 2017 and Visa Overstays
Significantly Exceeded Illegal Crossings for the Seventh Consecutive Year,” Journal on Migration and Human
Security, vol. 7, no. 1 (2019), pp. 19-22.
21 Robert Warren, “Detailed Estimates of the Overstay Population Residing in the United States in 2017,” Center for
Migration Studies, December 2, 2019.
22 Robert Warren, “Overstays Exceeded Illegal Border Crossers after 2010 Because Illegal Entries Dropped to Their
Lowest Level in Decades,” Center for Migration Studies, April 24, 2019.
23 Center for Migration Studies New York, “Estimates of Undocumented and Eligible-to-Naturalize Populations by
State,” 2021 (hereinafter, “CMSNY 2021”); and Migration Policy Institute, “Profile of the Unauthorized Population:
United States,” accessed May 16, 2022 (hereinafter, “MPI 2022”).
24 Ana Gonzalez-Barrera, “More Mexicans Leaving than Coming to the U.S.,” Pew Research Organization, November
19, 2015; and Warren 2021. Gonzalez-Barrera cites 2013 Mexican National Survey of Demographic Dynamics data
indicating 1 million Mexicans and accompanying family members returned to Mexico from 2009 to 2014, with most
citing family reunification as the reason for returning. Warren estimates that from 2010 to 2019, Mexican return
migration was the primary factor contributing to a 1.9 million-person decline in the unauthorized population.
25 Lopez et al. 2021.
26 CMSNY 2021; MPI 2022; and Bryan Baker, “Estimates of the Unauthorized Immigrant Population Residing in the
United States: January 2015-January 2018,” U.S. Department of Homeland Security, January 2021 (hereinafter, “Baker
2021”).
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How long have unauthorized immigrants lived in the United
States?
As of 2019, a relatively large proportion of unauthorized immigrants—estimates range from 58%
to 62%—had lived in the United States for at least a decade. Approximately 22%-23% had lived
in the United States for 20 years or more, 16%-17% for 5 to 9 years, and 21%-25% for fewer than
5 years.27
Where do unauthorized immigrants live in the United States?
Unauthorized immigrants live in all 50 states and the District of Columbia. As of 2019, states
with the largest unauthorized immigrant populations included California, Texas, New York,
Florida, New Jersey, and Illinois.28 Since the early 2000s, unauthorized migrants—along with the
foreign-born more generally—have become more dispersed from traditional immigrant gateways
(e.g., California, Texas, New York) to new immigrant destinations, including areas in the
Southeast (e.g., North Carolina, Georgia, and Virginia).29
How many unauthorized immigrants are members of mixed-status
families?
Mixed-status is a general term that refers to a family whose members may have different
citizenship and/or immigration statuses. Examples include spouses with different immigration or
citizenship statuses and/or children with different statuses than their parent(s). Many unauthorized
immigrants are members of mixed-status families, although the exact number is unknown and
depends on how mixed-status is measured in a given study.
Estimates from 2019 show that approximately 45% of unauthorized immigrants ages 15 and older
were married. Among those who were married, about 41% had an LPR or U.S. citizen spouse.30
About 41% of unauthorized immigrants ages 15 and older resided with at least one child under
age 18. The majority of this group (81%) resided with at least one child who was a U.S. citizen.31
According to 2018 estimates, 5.2 million children ages 17 and under (7% of the total U.S. child
population) lived with at least one unauthorized immigrant parent. Eighty-five percent of those
children were U.S. citizens.32

27 CMSNY 2021 and MPI 2022.
28 Baker 2021 and Migration Policy Institute, “National and State Estimates of the Unauthorized Immigrant Population,
2015-19,” accessed June 28, 2022.
29 A large body of literature has documented this demographic shift. For example, see Audrey Singer, The Rise of New
Immigrant Gateways, Brookings Metropolitan Policy Program, February 1, 2004; Douglas S. Massey, ed., New Faces
in New Places: The Changing Geography of American Immigration (New York: Russell Sage Foundation, 2008); and
Elaine Cantrell Lacy and Mary E. Odem, ed., Latino Immigrants and the Transformation of the U.S. South, (Athens,
GA: University of Georgia Press, 2009).
30 MPI 2022.
31 Ibid.
32 Capps et al. 2020.
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Eligibility for Certain Federal and State Benefits
Are unauthorized immigrants eligible for federal public benefits?
Unauthorized immigrants are not eligible for most federal benefits. This includes programs such
as non-emergency Medicaid,33 the Supplemental Nutrition Assistance Program (SNAP),34
Supplemental Security Income (SSI),35 Temporary Assistance for Needy Families (TANF),36 and
most housing assistance programs.37
In some instances, unauthorized immigrants are eligible for specific types of federal benefits,
including the following benefits for which statutory exceptions were outlined in Title IV of the
Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA, P.L. 104-
193): emergency Medicaid; short-term, in-kind disaster relief; immunization against and
treatment for communicable diseases; certain services and assistance designated by the Attorney
General38; and certain housing programs if the noncitizens were receiving assistance on the date
PRWORA was enacted.39
Additionally, PRWORA states that individuals who are eligible for public education benefits
under state and local law shall remain eligible to receive benefits under the National School
Lunch Program and School Breakfast Program.40 Beyond these nutrition programs, Section 742
of the act neither prohibits nor requires a state to provide food assistance to unauthorized
immigrants through certain laws. This applies to programs such as the Child and Adult Care Food
Program; the Summer Food Service Program; the Special Supplemental Nutrition Program for
Women, Infants, and Children; the Emergency Food Assistance Program; the Commodity
Supplemental Food Program; and the Food Distribution Program on Indian Reservations.

33 For more information, see CRS In Focus IF11912, Noncitizen Eligibility for Medicaid and CHIP.
34 For more information, see U.S. Department of Agriculture (USDA), Food and Nutrition Service (FNS), “SNAP
Policy on Non-Citizen Eligibility,” September 4, 2013, at https://www.fns.usda.gov/snap/eligibility/citizen/non-citizen-
policy; and USDA, FNS, SNAP Guidance on Non-Citizen Eligibility, June 30, 2011, at https://fns-prod.azureedge.us/
sites/default/files/resource-files/Non-Citizen%20Guidance_6-30-2011.pdf.
35 For more information, see CRS Report R46697, Noncitizen Eligibility for Supplemental Security Income (SSI).
36 For more information, see CRS Report RL33809, Noncitizen Eligibility for Federal Public Assistance: Policy
Overview.
37 For more information, see CRS Report R46462, Noncitizen Eligibility for Federal Housing Programs.
38 These services or assistance, such as soup kitchens, crisis counseling and intervention, and short-term shelters, must
be (1) delivered as in-kind services at the community level, (2) provided without individual determinations of each
recipient’s needs, and (3) necessary for the protection of life and safety.
39 8 U.S.C. §1611.
40 PRWORA does not address a state’s obligation to grant free public education to children who are unauthorized
immigrants under the Supreme Court’s decision in Plyler v. Doe, which determined that states may not deny children a
free public education because of their immigration status.
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Does federal law restrict unauthorized immigrants’ access to state
public benefits?
Although PRWORA expressly bars unauthorized immigrants from most state and locally funded
benefits, the law allows states through enactment of new state laws to provide unauthorized
immigrants with state and local benefits that, if not for the new laws, would be restricted.41
PRWORA’s restrictions on state benefits parallel the restrictions on federal benefits.42
Unauthorized immigrants are generally barred from state and local assistance, government
contracts, licenses, grants, and loans. The exceptions to the restrictions on state benefits also
parallel the exceptions made for federal benefits discussed above, including treatment for
emergency conditions; short-term, in-kind emergency disaster relief; immunization against and
treatment for communicable diseases; and certain services and assistance designated by the
Attorney General.43
Also, the PRWORA restrictions on state and local benefits do not apply to activities that are
funded in part by federal funds; these activities are regulated under PRWORA’s provisions on
federal benefits. Furthermore, the law states that nothing in it is to be construed as addressing
eligibility for basic public education.
Can unauthorized immigrants receive work authorization?
Generally, unauthorized immigrants are not eligible for work authorization. In some cases,
individuals with certain statuses or pending applications may be eligible for work authorization.
DACA recipients may apply for work authorization from DHS. TPS recipients are granted work
authorization by virtue of their status.44 For DED, eligibility for work authorization depends on
the terms the President specifies in each DED designation.45 Asylum applicants may apply for
work authorization 150 days after filing an application for asylum.46 As of 2021, certain U visa47
applicants and qualifying relatives (including those who may be unauthorized) with pending
petitions may receive work authorization.48

41 8 U.S.C §1621(d).
42 8 U.S.C §1621.
43 These services or assistance, such as soup kitchens, crisis counseling and intervention, and short-term shelters, must
be (1) delivered as in-kind services at the community level, (2) provided without individual determinations of each
recipient’s needs, and (3) necessary for the protection of life and safety.
44 A separate application for work authorization is required.
45 In general, the President directs executive agencies to implement procedures to provide DED and related benefits,
such as employment authorization. DED recipients must apply to DHS for work authorization.
46 Applicants must wait an additional 30 days to receive work authorization, for a total waiting period of 180 days. See
CRS Report R45539, Immigration: U.S. Asylum Policy.
47 The U nonimmigrant status or U-visa is for noncitizen victims who have suffered physical or mental abuse as a result
of a qualifying crime. For more information, see CRS Report R46584, Immigration Relief for Victims of Trafficking.
48 For more information, see DHS, USCIS, “U Nonimmigrant Status Bona Fide Determination Process FAQs,”
https://www.uscis.gov/records/electronic-reading-room/u-nonimmigrant-status-bona-fide-determination-process-faqs.
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Are unauthorized immigrants eligible for student aid and/or in-
state tuition?
Unauthorized immigrants are not eligible for federal student aid.49 They may be eligible for state
financial aid, college financial aid, or private scholarships, based on the rules of the relevant
entities. Unauthorized immigrants may be eligible for in-state tuition in some states based on
state-specific policies.
Are unauthorized immigrants eligible for driver’s licenses and
REAL IDs?
In general, issuance of and eligibility requirements for driver’s licenses are matters of state law
and policy. As of September 2021, unauthorized immigrants are able to get driver’s licenses in 16
states, the District of Columbia, and Puerto Rico.50
The REAL ID Act (P.L. 109-13) established minimum security standards for state-issued driver’s
licenses and identification cards required for certain federal purposes (e.g., to board domestic
flights and access certain federal facilities). This includes evidence that the individual has “lawful
status”51 in the United States. Thus, unauthorized immigrants are not eligible for REAL IDs.
States may still issue identification cards or driver’s licenses that are noncompliant with REAL
ID, but those IDs may not be used for the specified federal purposes.
Eligibility for Voting and Military Service
Are unauthorized immigrants eligible to vote in elections?
All non-U.S. citizens, including unauthorized immigrants, are ineligible to vote in federal
elections. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (P.L. 104-
208, Division C, §216) introduced criminal penalties for noncitizens who vote in federal
elections. The law specifies that noncitizens may vote in non-federal elections as authorized by
states and localities. Some localities have permitted noncitizens to vote in local elections.52
Are unauthorized immigrants eligible to serve in the U.S. military?
In general, unauthorized immigrants may not enlist in the U.S. Armed Forces. By law, enlistment
is open to U.S. citizens, lawful permanent residents, noncitizen nationals (e.g., individuals born in

49 Federal Student Aid, Financial Aid and Undocumented Students, at https://studentaid.gov/sites/default/files/
financial-aid-and-undocumented-students.pdf.
50 The states are California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, New Jersey, New Mexico,
New York, Nevada, Oregon, Utah, Vermont, Virginia, and Washington. National Conference of State Legislators,
States Offering Driver’s Licenses to Immigrants, at https://www.ncsl.org/research/immigration/states-offering-driver-s-
licenses-to-immigrants.aspx; and National Immigrant Law Center, State Laws Providing Access to Driver’s Licenses or
Cards, Regardless of Immigration Status, at https://www.nilc.org/wp-content/uploads/2015/11/drivers-license-access-
table.pdf.
51 For the REAL ID Act’s definition of “lawful status,” see 49 U.S.C. §30301 note.
52 Fifteen localities permit noncitizens to vote in local elections as of January 2022; see Ballotpedia, “Laws Permitting
Noncitizens to Vote in the United States,” at https://ballotpedia.org/
Laws_permitting_noncitizens_to_vote_in_the_United_States.
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American Samoa and Swains Island), and persons from Micronesia, the Marshall Islands, and
Palau.53
Service Secretaries within the Armed Forces are statutorily authorized to enlist a limited number
of other persons who possess critical skills or expertise deemed “vital to the national interest.”54
From 2008 through 2016, the Military Accessions Vital to the National Interest (MAVNI)
Program permitted the enlistment of certain noncitizens whose medical skills and language
expertise were deemed vital to the national interest. However, the Department of Defense (DOD)
required those enlistees to have lawful presence. Eligible populations included asylees,
refugees,55 nonimmigrants,56 those with TPS, and DACA beneficiaries.57 The MAVNI program
was suspended in 2016 following DOD’s establishment of new security screening requirements.
Economic Characteristics
Because measures of immigration status are generally not available in major government survey
data, it is difficult to disaggregate the economic impacts of unauthorized immigrants from the
economic impact of immigrants more generally. Such estimates are more widely available for the
foreign-born population. Where possible in this section, CRS has included estimates related to the
unauthorized population specifically. In other cases, information is limited to the foreign-born
population broadly.
At what rate do unauthorized immigrants participate in the labor
force?
The labor force participation rate is the proportion of individuals ages 16 and older in the civilian
labor force who are employed or are unemployed and actively seeking work. The foreign-born
tend to have higher rates of labor force participation compared with those born in the United
States. This trend has long been documented by the Bureau of Labor Statistics (BLS).58 BLS
reported that in 2021, the foreign-born labor force participation rate was 64.7%, compared with
61% for the native-born. Labor force participation is particularly high among foreign-born men.
In 2021, 76.8% of foreign-born men participated in the labor force, compared with 65.8% of
native-born men. Foreign-born women, conversely, have lower rates of labor force participation
than native-born women (53.4% and 56.6%, respectively).59

53 10 U.S.C. §504(b)(1).
54 10 U.S.C. §504(b)(2).
55 Asylees and refugees are foreign nationals fleeing their countries because of persecution, or a well-founded fear of
persecution, on account of race, religion, nationality, membership in a particular social group, or political opinion. For
more information, see CRS Report R45539, Immigration: U.S. Asylum Policy and CRS Report RL31269, Refugee
Admissions and Resettlement Policy.
56 Nonimmigrants are foreign nationals admitted to stay in the United States on a temporary basis and for a specific
purpose (e.g., tourists, students, diplomats, temporary workers). For more information, see CRS Report R45040,
Immigration: Nonimmigrant (Temporary) Admissions to the United States.
57 For more information, see CRS In Focus IF12089, U.S. Citizenship Through Military Service and Options for
Military Relatives.
58 BLS uses the monthly CPS for its labor force data. The CPS captures whether a person was foreign-born and not a
U.S. citizen at birth (i.e., these estimates do not include the children of U.S. citizens who were born abroad) but does
not measure immigration status.
59 BLS, “Foreign-Born Workers: Labor Force Characteristics – 2021,” news release, May 18, 2022.
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Unauthorized immigrants, specifically, participate in the labor force at higher rates than the
foreign-born population broadly and the native-born population. In 2019, estimates of
unauthorized immigrants’ labor force participation ranged from 69% to 77%.60 Unauthorized
immigrant men tend to have even higher labor force participation rates.61
In which industries do unauthorized immigrants work?
Unauthorized immigrants are highly concentrated in certain industries, including agriculture,
construction, leisure/hospitality, services, and manufacturing.62 An analysis of 2016 data, for
example, found that unauthorized immigrants comprised 5% of the total civilian labor force but
15% of the agriculture industry, 13% of the construction industry, and 8% of the
leisure/hospitality industry.63 Certain occupations within those industries also have particularly
high concentrations of unauthorized workers. For example, a Department of Labor survey of U.S.
farmworkers in FY2019-FY2020 found that 44% of hired crop workers were unauthorized.64
Industry concentration varies by U.S. geography.65
Do unauthorized immigrants impact the wages of U.S.-born
workers?
A 2017 summary report by the National Academies of Sciences, Engineering, and Medicine
(NASEM report) states that empirical evidence on the wage impacts of foreign-born workers
“reveals one sobering reality: Wage and employment impacts created by flows of foreign-born
workers into labor markets are complex and difficult to measure.”66
Because of data limitations, few studies have examined the impacts of unauthorized immigrants,
specifically, on the wages of U.S.-born workers. Empirical studies of wage impacts instead tend
to focus on other foreign-born worker subgroups, especially education or skill level.
Unauthorized workers are generally assumed to be concentrated in unskilled jobs. The NASEM
report’s review of the literature explains the centrality of worker complementarity versus worker
substitution with regard to the impacts of newly arrived immigrants:
For cases in which immigrants and natives specialize in different occupational activities [i.e.,
worker complementarity] ... wage gains and job creation become likely outcomes. When new
arrivals compete with those already in the labor force—for example, if unskilled immigrants
and native-born teenagers (or earlier immigrants) are applying for the same fast food

60 MPI 2022, CMSNY 2021. Because these estimates rely on different data sources than those used by BLS, they draw
on different time frames.
61 For example, Pew Research Center, using 2016 labor force data, identified unauthorized men’s labor force
participation rate at 91%, compared with 79% of U.S.-born men.
62 Jeffrey S. Passel and D’Vera Cohn, “Unauthorized Immigrant Workforce is Smaller, but with More Women,” Pew
Research Center, November 27, 2018 (hereinafter, “Passel and Cohn 2018”).
63 Ibid.
64 U.S. Department of Labor, Employment and Training Administration, National Agricultural Workers Survey Data
Tables, Table 1, https://www.dol.gov/agencies/eta/national-agricultural-workers-survey/research/data-tables.
65 Passel and Cohn 2018; and Julia Gelatt and Jie Zon, “Settling In: A Profile of the Unauthorized Immigrant
Population in the United States,” Migration Policy Institute, November 2018.
66 National Academies of Sciences, Engineering, and Medicine (NASEM), The Economic and Fiscal Consequences of
Immigration, Washington, DC, 2017, p. 264.
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restaurant jobs [i.e., worker substitution]—wages and job opportunities for the latter may be
negatively impacted, at least in the short run.
In general, the NASEM report finds that among low-skilled workers, foreign-born workers’
negative impacts on the wages of U.S.-born workers tend to be more pronounced in the short run
and are very small over periods of more than 10 years. The groups that were most likely to
experience wage declines associated with new immigrant arrivals to the low-skilled labor market
were previous cohorts of immigrants and native-born individuals lacking a high school diploma.67
What fiscal impacts do unauthorized immigrants have on federal,
state, and local governments?
Research on fiscal impacts generally considers the difference between public expenditures on the
benefits and services immigrants receive and the tax revenues they contribute (e.g., via income
taxes). The NASEM report contends that fiscal impacts generally reveal themselves over several
years because an individual’s contributions and program expenditures change across the course of
his or her life.
NASEM’s analysis finds that among the foreign born, fiscal impacts are generally positive at the
federal level and negative at state and local levels. For example, state and local governments
assume most costs of public education. The analysis also finds that foreign- and native-born
persons similarly matched on characteristics like age and education “will likely have about the
same fiscal impact.”68
Similar to the wage impacts described above, data limitations make it difficult to isolate public
expenditures and tax contributions for unauthorized immigrants, specifically. Nevertheless,
immigration status is likely an important determinant of fiscal impact. As described previously
(see the “Eligibility for Certain Federal and State Benefits ” section), unauthorized immigrants
are ineligible for most public benefits; however, states may not deny children a free public
education because of their immigration status.
In considering the economic characteristics of unauthorized immigrants, NASEM states that
because unauthorized immigrants tend to be younger than other foreign-born groups, and
therefore more likely to be in the labor market, and because they are ineligible for many public
benefits, they may have a more positive fiscal impact at the federal level compared with other
immigrant groups. However, they also note that unauthorized immigrants tend to have lower
earnings than other foreign-born groups and may therefore have lower tax contributions.69
Are unauthorized immigrants required to pay federal taxes?
Unauthorized immigrants may be required to pay federal taxes (e.g., if they work in the United
States). However, quantifying their contribution is difficult, as unauthorized immigrants generally
do not have a special designation under tax law and do not provide information as to whether they
are lawfully present on federal tax documents such as the federal income tax return. Hence, the
Internal Revenue Service (IRS) does not have official estimates of the federal taxes paid by
unlawfully present noncitizens in the United States or the tax benefits they claim.

67 Ibid. For a summary of studies and findings, see Table 5-3, p. 270.
68 Ibid., p. 462.
69 Ibid., p. 363.
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For federal tax purposes, unauthorized immigrants are treated like any other noncitizens and are
categorized as either resident or nonresident aliens.70 This designation—which is for federal tax
purposes only—is based on the time they reside in the United States and not their immigration
status. It is neither an indication of immigration status, nor does it affect immigration status.
Resident aliens are generally taxed in the same manner as U.S. citizens. Nonresident aliens are
subject to different treatment, such as generally being taxed only on income from U.S. sources.
In addition, by law, individuals must provide a unique identifying number when they file tax
returns and other documents with the IRS.71 Generally, an individual’s taxpayer identification
number is his or her Social Security number (SSN). However, certain noncitizens are not eligible
for SSNs, including unauthorized immigrants.72 Individuals who are not eligible to receive an
SSN are required to use an individual taxpayer identification number (ITIN) when filing their
documents, such as tax returns, with the IRS.73 ITINs are issued by the IRS and are for federal tax
purposes only. Use of an ITIN does not necessarily mean an individual is unlawfully present.74
However, the IRS and the Treasury Inspector General for Tax Administration believe that a large
proportion of ITIN filers are unlawfully present noncitizens working in the United States.75
Crime
Is there a relationship between unauthorized immigrants and
crime?
Assessing the relationship between unauthorized immigration and crime is complicated by,
among other challenges, data limitations and the inability to compare research studies that use
different methods, evaluate different populations, cover different periods, and/or ask different
research questions.

70 For more information, see CRS Report R43840, Federal Income Taxes and Noncitizens: Frequently Asked
Questions.
71 26 U.S.C. §§6109, 7701(a)(41); 26 U.S.C. §301.6109-1.
72 For more information, see CRS Congressional Distribution Memorandum CD1321564, Noncitizen Eligibility for a
Work-Authorized Social Security Number (SSN) (available to congressional clients upon request).
73 Treas. Reg. §301.6109-1(a)(1)(ii)(B).
74 For more information, see CRS Report R43840, Federal Income Taxes and Noncitizens: Frequently Asked
Questions. Furthermore, not all noncitizens who are unauthorized file their taxes using an ITIN. For example, some
may file using an SSN they lawfully received at one time (e.g., they may have been lawfully present and authorized to
work but overstayed their visa).
75 U.S. Government Accountability Office (GAO), Internal Revenue Service: Individual Taxpayer Identification
Numbers Can Be Improperly Obtained and Used, GAO-04-529T, March 10, 2004.
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Nevertheless, ample research on immigration and crime consistently indicates that, in general,
immigrants have either no impact or a reductive impact on crime.76 This has been seen in
individual studies as well as studies that review bodies of literature on immigration and crime.77
Likewise, most empirical scholarship examining the relationship between unauthorized
immigrants, specifically, and crime have similar findings. For example, studies have found that
unauthorized immigration does not increase violent crime, and in some cases it decreases such
crime.78 Other studies show unauthorized immigration is associated with a reduction in drug
arrests, drug overdoses, and driving under the influence.79 Some studies have also shown that
unauthorized immigration reduces rates of property crime, larceny, and burglary.80
Pathways to Permanent Status
Are unauthorized immigrants able to obtain permanent legal
status?
There are limited options for unauthorized immigrants to gain permanent legal status.81 To adjust
to LPR status from within the United States under the main adjustment of status provision in the
INA (§245(a)),82 an individual must have been inspected and admitted or paroled into the United
States. Those who enter the United States unlawfully fail to meet this requirement. In addition,

76 For example, see Robert Adelman, Lesley Williams Reid, Gail Markle, Saskia Weiss, and Charles Jaret, “Urban
crime rates and the changing face of immigration: Evidence across four decades,” Journal of Ethnicity in Criminal
Justice, vol. 15, no. 1 (2017); Vincent Ferraro, “Immigration and Crime in the New Destinations, 2000–2007: A Test of
the Disorganizing Effect of Migration,” Journal of Quantitative Criminology, vol. 32 (2016), pp. 23-45; Mathew Lee
and Ramiro Martinez, “Immigration Reduces Crime: An Emerging Scholarly Consensus,” in Immigration Crime and
Justice, edited by William McDonald Bingley, Emerald Group Publishing (2009), pp. 3-16; Ramiro Martinez and
Mathew Lee, “On Immigration and Crime,” in Criminal Justice 2000: The Nature of Crime: Continuity and Change,
vol. 1, edited by Gary LaFree, Robert J. Bursik, Sr., James Short, and Ralph B. Taylor (Washington, DC: U.S.
Department of Justice, 2000), pp. 485-524; Jacob I. Stowell, Steven F. Messner, Kelly F. McGeever, and Lawrence F.
Raffalovich, “Immigration and the Recent Violent Crime Drop in the United States: A Pooled, Cross-Sectional Time-
Series Analysis of Metropolitan Areas,” Criminology, vol. 47, issue 3 (August 2009); and Lesley Williams Reid,
Harald E. Weiss, Robert M. Adelman, and Charles Jaret, “The immigration–crime relationship: Evidence across US
metropolitan areas,” Social Science Research, vol. 34, issue 4 (December 2005).
77 For example, see Graham Ousey and Charis E. Kubrin, “Immigration and Crime: Assessing a Contentious Issue,”
Annual Review of Criminology, vol. 1 (January 2018).
78 For example, see Michael T. Light and Ty Miller, “Does Undocumented Immigration Increase Violent Crime?”
Criminology, vol. 56, issue 2 (May 2018).
79 For example, see Michael T. Light, Ty Miller, and Brian C. Kelly, “Undocumented Immigration, Drug Problems,
and Driving Under the Influence in the United States, 1990–2014,” American Journal of Public Health, vol. 107
(August 2017).
80 For example, see Robert M. Adelman, Yulin Yang, Lesley Williams Reid, James D. Bachmeier, and Mike Maciag,
“Using estimates of undocumented immigrants to study the immigration-crime relationship,” Journal of Crime and
Justice (2020).
81 The major pathways to LPR status are typically unavailable to the resident unauthorized population in the United
States. These pathways include family-based immigration, employment-based immigration, the diversity immigrant
visa program, and adjustment to LPR status from refugee status. For more information, see CRS Report R43145, U.S.
Family-Based Immigration Policy; CRS Report R47164, U.S. Employment-Based Immigration Policy, CRS Report
R45973, The Diversity Immigrant Visa Program; and CRS Report RL31269, Refugee Admissions and Resettlement
Policy.
82 The adjustment of status process was created by Congress to ensure that eligible noncitizens who were physically
present in the United States could become LPRs without having to travel and apply for immigrant visas from abroad.
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noncitizens must have maintained lawful status since entering the United States. This would mean
that noncitizens who had been inspected and admitted but overstayed a period of lawful
admission would not be eligible for LPR status.83
Certain LPR pathways are available to individuals regardless of unlawful entry or unlawful
presence. Asylum may be granted to individuals in the United States who are unable or unwilling
to return to their country of nationality because of persecution or a well-founded fear of
persecution on account of race, religion, nationality, membership in a particular social group, or
political opinion. There are no numerical limitations on asylum grants.84 Asylees may adjust to
LPR status after one year of physical presence in the United States.85
Other LPR pathways, which account for relatively few immigrants due to numerical limitations,
include U nonimmigrant visas for noncitizen crime victims who assist law enforcement agencies,
T status for noncitizen victims of human trafficking,86 and cancellation of removal for noncitizens
in removal proceedings.87
What are the three- and ten-year bars?
Immigration law also contains restrictions for certain individuals who leave the United States and
subsequently apply for an immigrant visa from abroad. Noncitizens who were unlawfully present
in the United States for between 6 and 12 months are considered inadmissible to the United States
for three years, and those unlawfully present for more than one year are inadmissible for ten years
(often referred to as the three- and ten-year bars).88 These bars are triggered when the individual
leaves the United States. Waivers are available for those who are the spouse, son, or daughter of a
U.S. citizen or LPR if “refusal of admission to such immigrant alien would result in extreme
hardship to the citizen or lawfully resident spouse or parent of such alien.”89
Are unauthorized immigrants able to become U.S. citizens?
In general, to be eligible for U.S. citizenship through the naturalization process, applicants must
first obtain LPR status (see “Are unauthorized immigrants able to obtain permanent legal
status?”). LPRs may choose to naturalize upon meeting certain eligibility criteria—typically, after

83 The requirement to maintain lawful status does not apply to immediate relatives of U.S. citizens. For more
information, see CRS Report R45993, Legalization Framework Under the Immigration and Nationality Act (INA).
84 From FY2011-FY2020 (most recent available data), an annual average of 28,676 individuals were granted asylum.
See Department of Homeland Security, Yearbook of Immigration Statistics 2020, Table 16.
85 For more information, see CRS Report R45539, Immigration: U.S. Asylum Policy.
86 For more information, see CRS Report R46584, Immigration Relief for Victims of Trafficking. U nonimmigrant visas
are capped at 10,000 principal noncitizens a year, and T status is capped at 5,000 annually. While the U visa limit is
met every year, T status has been granted to an annual average of 711 principal noncitizens from FY2012 to FY2021.
See DHS, USCIS, Number of Form I-914, Application for T Nonimmigrant Status by Fiscal Year, Quarter, and Case
Status: Fiscal Years 2008 – 2022.
87 Under INA Section 240, cancellation of removal provides discretionary relief to non-LPRs who have been
continuously physically present in the United States for at least 10 years and whose removal would result in exceptional
and extremely unusual hardship to a U.S. citizen or LPR parent, spouse, or child, among other requirements. Non-LPR
cancellation of removal is capped at 4,000 annually.
88 The INA grounds of inadmissibility (INA §212(a), 8 U.S.C. §1182(a)) are grounds under which foreign nationals are
ineligible for visas or U.S. admission. For more information, see CRS Report R45993, Legalization Framework Under
the Immigration and Nationality Act (INA).
89 INA §212(a)(9)(B)(v); 8 U.S.C. §1182(a)(9)(B)(v).
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five years in LPR status (or three if married to a U.S. citizen).90 Expedited pathways are available
to noncitizen members of the U.S. Armed Forces.91
Naturalization is optional for LPRs—an estimated 9.2 million are currently eligible to naturalize
but have not done so.92 Naturalized citizens gain certain benefits, including the right to vote,
security from deportation in most cases, access to certain public sector jobs, and the ability to
travel with a U.S. passport.
What legalization programs for unauthorized immigrants have
been proposed in recent Congresses?
At several points during the past 20 years, Congress has considered legislation to establish
pathways to LPR status for certain groups of foreign nationals in the United States, including
certain unauthorized immigrants. These bills have focused largely, but not exclusively, on persons
without a lawful immigration status. Past measures have included stand-alone bills with pathways
to LPR status for unauthorized childhood arrivals (these bills typically have been referred to
as Dream Acts)93 as well as bills proposing broader changes to the immigration system that
included LPR pathways for different groups.
In the 117th Congress, proposed LPR pathways have been focused on several overlapping groups:
unauthorized childhood arrivals (commonly referred to as Dreamers), individuals with TPS or
DED, agricultural workers, and individuals deemed essential workers during the COVID-19
pandemic.94
Removal
How many unauthorized immigrants are in removal proceedings?
Noncitizens may be placed in removal proceedings based on grounds of inadmissibility or
deportability.95 These grounds may apply to both unauthorized immigrants and those with lawful
immigration status (e.g., LPRs; nonimmigrants). During removal proceedings, an immigration
judge determines whether the noncitizen is removable (deportable), and if so, whether they are
eligible for forms of relief from removal, such as asylum. Removal proceedings begin when
noncitizens are issued a Notice to Appear (NTA) charging document and it is filed with an
immigration court.96

90 For more information, see CRS Report R43366, U.S. Naturalization Policy; and CRS Infographic IG10028,
Naturalization: The Process of Becoming a U.S. Citizen.
91 For more information, see CRS In Focus IF12089, U.S. Citizenship Through Military Service and Options for
Military Relatives.
92 Bryan Baker, “Estimates of the Lawful Permanent Resident Population in the United States and the Subpopulation
Eligible to Naturalize: 2019-2021,” DHS, April 2022.
93 The original Dream (Development, Relief, and Education for Alien Minors) Act was introduced in the 107th
Congress (S. 1291). For more information, see CRS Report R45995, Unauthorized Childhood Arrivals, DACA, and
Related Legislation.
94 For more information on legislation in the 117th Congress, see CRS Report R47061, Immigration Legislation and
Issues in the 117th Congress.
95 Grounds of inadmissibility are enumerated in INA Section 212; 8 U.S.C. §1182. Grounds of deportability are
specified in INA Section 237; 8 U.S.C. §1227.
96 For more information about immigration courts and removal proceedings, see CRS Report R47077, U.S.
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As of June 2022, an estimated 1.8 million noncitizens were in removal proceedings in
immigration courts, a large portion of whom were unauthorized immigrants.97 Within that group,
approximately 1.1 million individuals were charged with entry without inspection and an
additional 663,000 were charged with another immigration infraction, such as violating the
conditions of an authorized stay.98 Some may ultimately be granted relief from removal during
their proceedings.
How many unauthorized immigrants are deported every year?
DHS is responsible for immigration enforcement in the United States, including apprehending
noncitizens who are removable (deportable) because they have violated immigration laws and
removing from the United States noncitizens with a final order of removal.
Noncitizens may be removed through different types of processes, including the following:
 when an immigration judge issues an order of removal during formal removal
proceedings;99
 under expedited removal, in which arriving aliens100 and migrants who recently
entered the United States without inspection may be removed by DHS without
formal proceedings in immigration court;
 under reinstatement of final removal orders for noncitizens who have re-entered
the United States without authorization after a previous removal or voluntary
departure; and
 under administrative removal for noncitizens convicted of an aggravated felony
who did not have LPR status when their removal proceedings commenced.
Immigration and Customs Enforcement (ICE), within DHS, is responsible for immigration
enforcement in the U.S. interior.101 From FY2011 through FY2020, DHS removed an annual
average of 96,373 individuals apprehended by ICE.102 Not all of those removed are unauthorized
immigrants. Lawfully present noncitizens (e.g., LPRs) may be subject to removal for certain
reasons (e.g., criminal offenses).

Immigration Courts and the Pending Cases Backlog.
97 Transactional Records Access Clearinghouse (TRAC) at Syracuse University, “New Deportation Proceedings Filed
in Immigration Court,” May 2022, at https://trac.syr.edu/phptools/immigration/ntanew/.
98 Approximately 19,000 NTAs included those charged with another criminal charge (11,408), an aggravated felony
(3,139), a national security charge (74), or a terrorism charge (18); the immigration status of such individuals is
unknown to CRS. Transactional Records Access Clearinghouse (TRAC) at Syracuse University, “New Deportation
Proceedings Filed in Immigration Court,” May 2022, at https://trac.syr.edu/phptools/immigration/ntanew/.
99 For more information, see CRS In Focus IF11536, Formal Removal Proceedings: An Introduction.
100 This refers to noncitizens arriving at U.S. ports of entry. See 8 C.F.R. §1.2.
101 As previously mentioned, this report focuses on the unauthorized population already residing in the United States.
Therefore, CRS has provided only the number of removals originating from an apprehension by ICE. Customs and
Border Protection (CBP) conducts enforcement at the border. For more information on CBP apprehensions and
expulsions under Title 42 of the U.S. Code, see CRS Report R46999, Immigration: Apprehensions and Expulsions at
the Southwest Border.
102 Alan Moskowitz and James Lee, “Immigration Enforcement Actions: 2020,” DHS, Office of Immigration Statistics.
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Whom should I contact with additional questions?
For more information on the topics covered in this report, contact the CRS experts listed in the
Key Policy Staff table below.

Author Information

Abigail F. Kolker
Holly Straut-Eppsteiner
Analyst in Immigration Policy
Analyst in Immigration Policy

Key Policy Staff
Area of Expertise
Name
DACA
Andorra Bruno, Specialist in Immigration Policy
Data on the Foreign-Born Population
Hol y Straut-Eppsteiner, Analyst in Immigration Policy
Economic Impact of Immigration
Hol y Straut-Eppsteiner, Analyst in Immigration Policy
Enforcement, Detention, and Removal
Audrey Singer, Specialist in Immigration Policy
Immigration and Crime
Abigail F. Kolker, Analyst in Immigration Policy
Legalization Programs
Andorra Bruno, Specialist in Immigration Policy
Naturalization
Hol y Straut-Eppsteiner, Analyst in Immigration Policy
Permanent Immigration
Wil iam A. Kandel, Analyst in Immigration Policy
Public Benefit Eligibility
Abigail F. Kolker, Analyst in Immigration Policy
TPS and DED
Jil H. Wilson, Analyst in Immigration Policy
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Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
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under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in
its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or
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