More commonly referred to as undocumented immigrants, illegal immigrants are aliens who enter or remain in a country unlawfully. The category of “illegal immigrant” contrasts with “legal” or “documented” immigrants who enter a country through the proper channels. Under United States immigration law, a person can become an illegal immigrant by entering the country without an immigration inspection, entering the country fraudulently, or entering the country with a valid visa but remaining after the expiration of the visa.
Illegal immigrants are unable to obtain work authorization and there are very few pathways to legal status or citizenship. Currently, long-term illegal immigrants resident in the United States since January 1, 1972, are eligible to register for lawful permanent status if they meet certain qualifications. Beyond the registry, illegal immigrants who entered the country legally and have an immediate relative with US citizenship may also adjust their status to become a permanent resident. Illegal immigrants are also eligible to claim asylum if they suffered persecution or have a well-founded fear of persecution if they were to return to their home country.
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) strengthened U.S. immigration laws, adding penalties for illegal immigrants who commit crimes or stay in the U.S. for statutorily defined periods of time.
The term “illegal” is politically contested with some people preferring the term “undocumented immigrant” due to the lessened stigma of illegality.
[Last updated in June of 2023 by the Wex Definitions Team]