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Immigration Glossary: The Basics

Refugees and Asylum Seekers

Many people do not understand the difference between someone who is classified as a refugee and someone who is classified as claiming political asylum. But the difference is very important. The term refugee refers to a person who is residing outside his or her country of nationality (often in a refugee camp but not always) who is either unable or unwilling to return to his or her country of nationality because of a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. This individual must apply for refugee status through the United Nations High Commission on Refugees (UNHCR) and then be selected for resettlement in a third country. Refugees generally do not get to choose where they are resettled but they are more likely to be resettled in the United States if they have a family member in the US already. Refugees undergo a long vetting process that includes background checks and a medical examination. If resettled legally in the United States, refugees become lawful permanent residents (green card holders) and they can work. They are aided by local refugee agencies for a period of time.  After three years they are eligible to apply for citizenship.

An asylum seeker has fled his or her home for the same reasons as a refugee. Normally they apply for asylum at the border or have crossed a border without documentation and then apply for asylum. Once their application for asylum is approved they have a legal status and become an asylee. You cannot seek asylum at a refugee camp or at an embassy or from your home country. In other words and with regard to the United States, you can only apply for asylum at a port of entry or once physically present in the US.  Asylee cases are rigorously adjudicated.

Immigrant, Migrant, and Undocumented Immigrant

What are the differences between a migrant, an immigrant and an undocumented immigrant? A migrant is a broad term that encompasses any movement that people make between one location and another. This movement can be temporary or permanent and it can be within a single country or across national borders although some people refer to use the term only to refer to movement within a country, movement that might include migrating from a rural area to a city. Immigration refers specifically to the type of migration across a national border, generally with the intent of settling there permanently or at least long term.

The bulk of immigrants enter the United States under the provisions of the 1965 Immigration and Nationality Act (also known as the Hart-Celler Act). This Act prioritized a series of preferences based on skills as well as family ties to US citizens. Family reunification comprised 75% of entries, while 20% were entries based on employment and 5% were refugees. This Act is at the foundation of the process of chain migration (see below). For further discussion of the content and significance of this Act, see

https://www.migrationpolicy.org/article/fifty-years-1965-immigration-and-nationality-act-continues-reshape-united-states

It should be noted that the United States is still guided largely by this act and that Comprehensive Immigration Reform would partly be directed to the reform of the family preferences.

An immigrant is different from a migrant. A migrant is someone who has crossed the border but who may not intend to stay permanently. There are many migrant workers in the United States who have entered the country to work under various legal provisions—for example as H-1B workers (foreign professionals in specialty occupations in fields such as technology, engineering, mathematics, and medical sciences) or as H-2A workers (Agricultural Laborers)

An undocumented immigrant is a non-national (neither US born nor a US citizen) who enters or stays in the country without appropriate documentation. There are many reasons why immigrants in the US are undocumented; having undocumented status does not necessarily mean an individual has broken the law; and entry to the US that is unauthorized does not always result in undocumented status.

Many people talk about putting undocumented immigrants on a “path to citizenship”. What does that mean? It means regularizing their situation (i.e. providing them with legal approval to be in the United States) and issuing them a Green Card (so that they become a lawful permanent resident). Once they become a lawful permanent resident they are on the “path to citizenship” which means that after residing in the country for 6 years they can start the application process to become an American citizen.

Green Card Holder/ Lawful Permanent Resident (LPR)

An individual who has been issued a green card is a permanent resident of the United States who has a lawful right to live and work indefinitely in the country. There are many ways to become a lawful permanent resident. A green card holder is not yet a citizen but they are on a path to citizenship and after 5 years they are eligible to apply for citizenship. Those with a US spouse or a green card through marriage can apply after three years. There is no obligation to apply for US citizenship although many green card holders are eager to do so when they become eligible.

For more details see: https://www.uscis.gov/green-card

Birthright Citizenship

Recently, Donald Trump has been talking about revoking birthright citizenship. What is birthright citizenship? The first thing one must understand is the difference between jus soli and jus sanguinis. These are the two principles used to determine citizenship. Jus soli, or “right of soil” grants the right to citizenship based on place of birth. Jus sanguinis (“right of blood”) is based on a principle of descent and therefore grants citizenship based on the citizenship of one or both parents. Countries vary in how they deploy these principles in relation to citizenship. See https://worldpopulationreview.com/country-rankings/countries-with-birthright-citizenship.

In the United States, the principle of birthright citizenship (prioritizing jus soli) is guaranteed by the 14^th Amendment to the US Constitution which states that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.” This means that any child born on US soil, is a citizen of the United States, whether or not their parents are here legally or not and regardless of their status as citizens. 

For further discussion see: https://www.americanimmigrationcouncil.org/topics/birthright-citizenship and https://www.americanimmigrationcouncil.org/research/birthright-citizenship-united-states. See also https://www.pbs.org/newshour/politics/what-is-birthright-citizenship-and-could-trump-end-it; and https://constitutioncenter.org/blog/revisiting-the-birthright-citizenship-question-and-the-constitution

Dreamers and DACA

We hear a good deal about DACA recipients and Dreamers. What do these terms refer to? If you have children in school some of their friends may fall in to this category. Dreamer, most generally, refers to an undocumented individual who was brought to the United States by his or her parents. These individuals are sometimes referred to as the 1.5 generation—born elsewhere but have grown up in the US. They differ from their siblings who might have been born to undocumented parents in the United States who are fully US citizens with a legal right to be in the US. Dreamers have no protection or legal status and no pathway to permanent residence or citizenship

A Dreamer can apply for protective status through the Deferred Action for Childhood Arrivals (DACA). DACA temporarily protects these individuals from deportation and gives them authorization to work. However they continue to lack legal status and a pathway to citizenship. DACA individuals must reapply for this status every two years. 

Many people believe that a more permanent solution should be found for these individuals to legalize their status and put them on a path to citizenship. They have grown up in this country and do not know their home country and they did not make the decision themselves to enter the United States. They were brought here as young children.

 

Mixed Status Family

A Mixed Status Family is a household that includes individuals with different immigration statuses. Such a household may have some family members who are legally in the United States and other members who are without documents. For example one parent may have a green card and be authorized to work (often the father), and two of the children have been born in the United States and are hence US citizens. The other parent (often the mother who joined her husband in the US after a period of time) may be undocumented. And there may be one or two older children who entered the US with the mother and hence are also undocumented. Another example might be a household where both the parents are undocumented, one or more children are born elsewhere and are undocumented; and one or more children are born in the US and hence are US citizens. The oldest children in such mixed status families are often referred to as Dreamers and some may have applied for DACA status (See elsewhere for an explanation of Dreamers and DACA). Undocumented individuals in Mixed Status families live in fear of deportation because it would break the family apart. It was estimated that in 2022 there were 8.5 million undocumented residents living in mixed status households, together with US citizens or with other individuals with legal status or both.

Temporary Protected Status

In recent news coverage some Haitian immigrants (for example in the case of Springfield, Ohio) have been referred to as individuals with temporary protective status (TPS). This is a special immigration category that was created as part of the 1990 Immigration Act. It is provided to individuals from specific countries where the conditions are unsafe (as a result of armed conflict, environmental disasters or other temporary conditions) and hence make it impossible to deport them back to their country of origin. As of 2024 there were approximately 860,000 individuals living in the US under TPS.  Under TPS a person is temporarily protected from deportation and temporarily authorized to work. As of June, 2024, 16 countries were designated under TPS including Haiti, Afghanistan, Syria Venezuela, Ukraine, El Salvador, and Honduras. For more detailed discussion see:

https://www.americanimmigrationcouncil.org/research/temporary-protected-status-overview?gad_source=1&gclid=Cj0KCQiAgdC6BhCgARIsAPWNWH13KZuL_SQ9mZKRK7awmpwKnqDsjC5A5citX0xYx_XFHzG4z4C3GKoaAniDEALw_wcB

Chain Migration

Chain migration is a form of population movement where immigrants from a specific area (town, region, country) follow others from that area to a new destination. In the United States, chain migration more commonly refers to the ability of U.S. citizens and green card holders to sponsor family members for immigration. This process is also known as family reunification and it is at the foundation of the Immigrant and Nationality Act of 1965.

For the debates surrounding chain migration see: https://www.fairus.org/issue/legal-immigration/chain-migration

Comprehensive Immigration Reform

This phrase refers to a policy concept that has been around for more than 20 years. It would link increased border enforcement and security with the legalization of undocumented or unauthorized immigrants. Further, it would develop new policies to bring in future workers that are vital to the US labor market. In other words, it would impact every aspect of the US immigration system and it would finally revise those policies established by the Immigration and Nationality Act of 1965 and other policies that emerged over the past 60 years. It is something that the country should strive to implement. For further information see: https://www.americanimmigrationcouncil.org/research/comprehensive-immigration-reform-primer