The unauthorized or undocumented resident immigrant population is defined as all foreign-born non-citizens who are not legal residents. Most unauthorized residents either entered the United States without inspection or were admitted temporarily and stayed past the date they were required to leave.
Unauthorized residents applying for adjustment to lawful permanent resident (LPR) status under the Immigration and Nationality Act (INA) are unauthorized until they have been granted lawful permanent residence (a green card)—even though they may have been authorized to work. Persons who are beneficiaries of Temporary Protected Status (TPS) are not technically unauthorized.
In Texas, as in other states, the unauthorized or undocumented resident immigrant population includes individuals who entered the United States without proper inspection or overstayed their visas. These individuals are not considered legal residents under federal law. The process for an unauthorized immigrant to adjust their status to that of a Lawful Permanent Resident (LPR) is governed by the Immigration and Nationality Act (INA). During the application process for LPR status, these individuals remain unauthorized until they are granted a green card, although they may be granted work authorization in the interim. Temporary Protected Status (TPS) beneficiaries, while not having a formal immigration status, are not considered unauthorized because TPS provides a temporary legal presence and work authorization in the United States. It's important to note that immigration law and enforcement are primarily federal matters, and state laws may have limited impact on the regulation of unauthorized immigrants, except for certain state-level benefits and law enforcement cooperation with federal authorities.
