Exploring Different Types of Immigrants & Immigration Realities
Immigration #140 | By: Morgan Davidson | February 10, 2025
Featured Photo By: CBS Austin/Azul Beltran
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Immigration has long been a defining feature of the United States, shaping its workforce, culture, and economy. While immigration policies have evolved over time, the complexities surrounding legal status and pathways to residency or citizenship remain misunderstood by many. The immigration system is not a singular process but rather a web of different legal categories, each with its own requirements and obstacles. Previously I covered who was being deported in an emotional sense see “Who’s Being Deported? Our Neighbors, Friends, and the Workforce” Immigration Policy Brief #139, but let us dive into who these people are in legal terms.
One of the most persistent misconceptions about immigration, particularly regarding undocumented immigrants, is the belief that they are inherently associated with crime or that most enter the country illegally. In reality, immigration status varies widely, and the reasons for entering and staying in the U.S. are often tied to economic opportunity, safety, or legal barriers to residency. This article explores the different categories of immigrants, how undocumented individuals enter the country, and the truth behind the narrative that immigration is linked to crime.
Analysis
Asylum Seekers
Asylum seekers are individuals fleeing persecution, violence, or credible threats in their home countries. They seek protection in the U.S. under international and domestic asylum laws, which allow people to request safety at a port of entry or after entering the country.
The asylum process involves two pathways: affirmative asylum, where individuals apply voluntarily, and defensive asylum, where a person applies as a defense against deportation. Applicants must file for asylum within one year of arrival, provide evidence of persecution, and navigate an often-lengthy legal process. Many face high denial rates, long backlogs, and uncertainty while awaiting a decision, with some facing deportation if their claims are denied.
Immigrants with Work Permits or Social Security Numbers
Some immigrants come to the U.S. legally through employment-based visas. These include H-1B visas for skilled workers, H-2A visas for agricultural laborers, and H-2B visas for non-agricultural seasonal workers. Others may have Temporary Protected Status (TPS), which is granted to individuals from countries experiencing extreme conflict or natural disasters.
Many of these immigrants contribute significantly to the economy, filling essential roles in technology, healthcare, agriculture, and service industries. While some are on a path to permanent residency through employment-based green cards, others face strict limitations, such as visa caps and delays, that make transitioning to permanent legal status difficult.
Dreamers (Undocumented Immigrants Who Arrived as Children)
Dreamers are undocumented immigrants who were brought to the U.S. as children. Many have lived in the country for most of their lives, attending school and working without official legal status. In 2012, the Deferred Action for Childhood Arrivals (DACA) program provided temporary protection from deportation and work authorization for eligible individuals.
However, DACA is not a path to citizenship, and its future remains uncertain due to shifting political policies. Dreamers face numerous challenges, including restrictions on financial aid for college, limited job opportunities, and the risk of deportation if DACA protections are revoked. Despite these barriers, they contribute to the economy and society but lack full legal rights.
Immigrants Waiting for Status to Be Adjudicated
Many immigrants are in legal limbo while awaiting decisions on their status. This group includes asylum applicants, family-sponsored immigrants waiting for visa availability, and individuals seeking employment-based green cards. The backlog in immigration courts and processing centers can leave people waiting years for resolution.
For family-based immigration, the wait times can be especially long, with some applicants waiting decades due to visa quotas. These delays can cause significant hardship, keeping families separated and limiting employment opportunities while individuals wait for their cases to be decided.
How & Why Immigrants Without Credentials Enter
Many people assume that most undocumented immigrants enter the U.S. by illegally crossing the border. However, the majority actually arrive legally and overstay their visas. Others do cross the border unlawfully, often seeking work or family reunification. In some cases, human trafficking and smuggling networks facilitate migration, sometimes exploiting vulnerable individuals.
Immigrants often leave their home countries due to violence, economic hardship, political instability, or natural disasters. In Central America, for example, gang violence and lack of job opportunities push many to seek a safer future in the U.S. Climate change has also played a role, displacing communities due to extreme weather and agricultural collapse.
The U.S. attracts immigrants with its economic opportunities, higher wages, and relative stability. Family reunification is another major factor, as many seek to join relatives who are already legal residents. Additionally, misinformation about legal pathways sometimes leads people to believe they have options to stay when, in reality, legal avenues are limited.
Immigrants & Crime: Separating Fact from Fiction
One of the most common misconceptions is that undocumented immigrants are more likely to commit crimes. However, studies consistently show that both documented and undocumented immigrants have lower crime rates than native-born Americans. Research from the Cato Institute and other organizations indicates that immigrants—regardless of status—are less likely to be incarcerated than U.S.-born citizens.
Anti-immigration rhetoric often relies on selective cases of crimes committed by undocumented individuals to justify harsher policies. However, these narratives ignore broader statistical realities and often fuel fear-mongering. Politicians and media outlets sometimes amplify these cases, leading to distorted perceptions of immigrant crime rates.
Law enforcement agencies, including Immigration and Customs Enforcement (ICE), prioritize deportation for individuals with serious criminal records. However, many deportations occur for nonviolent offenses, traffic violations, or immigration infractions. The entanglement of local law enforcement with federal immigration agencies has sparked debates about fairness and racial profiling.
Conclusion
Immigration in the U.S. is a complex issue, shaped by legal structures, economic needs, and humanitarian concerns. While different categories of immigrants navigate varying legal landscapes, many share common challenges, including long wait times, uncertain futures, and restricted rights.
Misinformation about immigration, particularly regarding undocumented individuals and crime, continues to influence public opinion and policy decisions. A clearer understanding of immigration realities is crucial for informed discussions and effective reforms. By recognizing the contributions and struggles of different immigrant groups, the U.S. can move toward a more balanced and humane approach to immigration policy.
Engagement Resources:
Pew Research: Data on immigrant demographics, legal status, and contributions
https://www.pewresearch.org/topic/immigration-migration/
National Immigration Law Center (NILC): Advocacy and legal resources for low-income immigrants
https://www.nilc.org
American Immigration Council: Research on immigration myths, contributions, and legal policies
https://www.americanimmigrationcouncil.org
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