Immigration status, explained

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President Donald Trump made a campaign promise to undertake the “largest mass deportation program” of immigrants in American history, and acted swiftly on Inauguration Day to set the effort in motion.

“I will declare a national emergency at our southern border. All illegal entry will immediately be halted,” he said, hours before signing a suite of executive orders that bar asylum for new arrivals at the border, suspend the refugee program indefinitely, and attempt to end birthright citizenship. 

Immigration 2025

“We will begin the process of returning millions and millions of criminal aliens back to the places from which they came,” Trump told the nation on Jan. 20. 

Estimates show some 11 million undocumented immigrants live in the U.S. Although some have committed crimes once in the U.S. (and illegally crossing the border is often a civil violation, but can be prosecuted criminally), research shows undocumented people offend at a lower rate than U.S.-born citizens. 

Also living in the U.S. — either temporarily or permanently — are millions of immigrants or temporary workers of varied documented and legal statuses, some with visas. Many of them work, go to school, pay taxes, and possess some of the same legal protections as citizens.

Here’s a breakdown of what types of immigrants live in Massachusetts — and how the new administration may impact their futures. 

Asylum seekers

Who are they? Asylum seekers are people who have come to the U.S., or to a U.S. border crossing, and made a claim that they are fleeing their home country due to persecution or fear of persecution. They are monitored while in the U.S. until their claim is adjudicated and must appear in court to argue why they should be granted asylum, or permission to stay in the U.S. They can apply for a green card one year after being granted asylum. 

Legal history: The United Nations in 1948 enshrined the human right to asylum in its Universal Declaration of Human Rights. The U.S., under the late President Jimmy Carter, passed the Refugee Act of 1980, which established procedures for people to request asylum.

Scope? In 2023, nearly 4,000 non-citizens were granted asylum in Massachusetts, or a 20% grant rate, per CBS News. 

Trump’s impact? In his first week in office, Trump through an executive order closed the program at the U.S.-Mexico border to new asylum requests. According to an expert at the Migration Policy Institute, it remains unclear what effect, if any, this order will have on pending asylum applications from people already in the country. 

Children of immigrants (birthright citizenship)

Who are they? Birthright citizenship is automatically granted to anyone born on U.S. soil, regardless of race or ancestry (such as the parents’ immigration status). That means children of undocumented immigrants, refugees, asylum seekers, and green card holders, who are born here, are U.S. citizens. 

Legal history: The 14th Amendment of the U.S. Constitution, ratified in 1868, states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” In 1898, the U.S. Supreme Court ruled that the only exceptions to birthright citizenship are “children born of alien enemies in hostile occupation, and children of diplomatic representatives of a foreign state.”

Scope? 24% of births in the U.S. in 2023 were to foreign-born mothers, but the data does not differentiate between mothers with and without legal status. 

Trump’s impact? In his first week in office, Trump signed an executive order to end birthright citizenship for children of undocumented parents or parents with temporary legal status. A federal judge quickly blocked it, deeming it unconstitutional. Massachusetts Attorney General Andrea Campbell joined 17 other attorneys general in suing the federal government over the order.

DACA (Deferred Action for Childhood Arrivals) recipients, or “Dreamers”

Who are they? DACA recipients are commonly called “Dreamers.” The federal government will “defer action” or not prosecute deportation cases for young, undocumented immigrants for a period of two years from the time their application for “deferred action” is approved. The program has allowed hundreds of thousands of undocumented immigrants to live and work legally in the U.S., and obtain a driver’s license (depending on the state). To be eligible, one must have arrived in the U.S. prior to their 16th birthday, have no serious criminal record, and either be in school or have a GED.

Legal history: Former President Barack Obama established the program in 2012 through an executive order. The term “Dreamer” comes from never-passed legislation known as the DREAM Act, which would have given many young undocumented immigrants permission to stay in the U.S. permanently.

Scope? As of 2024, about 537,000 DACA recipients were living in the U.S., and about 4,400 were living in Massachusetts, according to U.S. Citizenship and Immigration Services (USCIS) data. 

Trump’s impact? It is unclear what Trump may or may not do to affect DACA recipients. During the Biden administration, a Texas federal judge in 2023 ruled DACA is not lawful. Since then, new DACA applications have not been processed. However, people who already received DACA status can renew it. 

Green card holders, or permanent residents

Who are they? A green card is a “permanent resident card” issued by USCIS that certifies lawful status. Holders cannot vote in elections or run for office, but they work, pay income taxes, and share some of the same federal and state rights as citizens. 

Legal history: The Alien Registration Act of 1940 required all non-citizens in the U.S. to register with the federal government, leading to registration cards that eventually became what we know today as the “green card.”

Scope? Massachusetts ranks fourth in the country for the most green card holders, behind New Jersey, New York and Florida, according to the Department of Homeland Security. 

H-1B/H-2A/H-2B visa holders

Who are they? H-1B and H-2 visa holders are foreign workers employed by U.S. companies. H-1B covers highly skilled professionals, like engineers, scientists, nurses and doctors; H-2 covers temporary workers in the agricultural, restaurant, hospitality and landscaping sectors, to name a few. The visas are good for up to three years, but can be extended to six. A company that wants to employ a foreign worker submits a petition to the U.S. government for the visa, and can also sponsor the worker for a green card, opening a path to citizenship and permanent residence. 

Legal history: Congress established the H-2 visa program in 1952 to allow businesses to hire seasonal foreign workers to ameliorate labor shortages (A visas are for agricultural workers; B visas are for nonagricultural workers). The H-1B visa program was signed into law in 1990 by former President George H.W. Bush to “encourage the immigration of exceptionally talented people, such as scientists, engineers and educators.” 

Scope? Congress allows 65,000 H-1B visas each year for people with a bachelor’s degree or equivalent, and 20,000 for people with a master’s degree or higher. However, universities and research organizations — which often attract highly educated foreign talent — are exempt from the caps. Amazon, Google, Meta (Facebook’s parent company) and Apple are some of the top H-1B visa sponsors in the country, per federal data. According to the American Immigration Council, Florida employed the highest number of H-2A (agricultural) workers at 51,000 in 2022. 

Trump’s impact? Trump recently endorsed H-1B visas, which are a lifeline for the tech companies in Silicon Valley. However, in his first term, he said he would discontinue the program. Critics of H-1B visas say the foreign workers take jobs away from Americans, and differing views of the program have divided Republicans. 

Humanitarian parolees

Who are they?: Humanitarian parole is a temporary permission granted to people from Cuba, Haiti, Nicaragua and Venezuela to live and work in the U.S. for up to two years as they pursue a longer-term status. The program was also called CHNV (after each country), and was granted to people who had a financial sponsor in the U.S., passed a background check, and entered the country through an airport. 

Legal history: The Biden administration enacted the program in 2023 under the Immigration Nationality Act in an effort to limit illegal border crossings. 

Scope? It is estimated that more than 1 million people entered the U.S. lawfully under Biden’s humanitarian parole program. An estimated tens of thousands have come to Massachusetts, the Boston Globe reported. 

Trump’s impact? The Trump administration in its first week ended what it called the Biden administration’s “abuse of humanitarian parole,” returning the program to a “case-by-case basis.” The new administration has also granted federal officers the authority to deport migrants enrolled in this program. 

Refugees

Who are they? Refugees are persons outside the U.S. who are fleeing persecution or violence in their home country, or have been displaced by natural disaster, and are unable or unwilling to return to their home country. They apply for entry while outside of the U.S., and can apply for a green card one year after being admitted. 

Legal history: The U.S. signed a United Nations agreement on refugees in 1968, before passing the Refugee Act of 1980. However, the U.S. had been admitting refugees for decades, including immediately after World War II. 

Scope? The U.S. admitted more than 100,000 people under refugee status in fiscal year 2024, according to the Center for Immigration Studies. 

Trump’s impact? In his first week in office, Trump suspended refugee admissions through an executive order. The State Department canceled flights for thousands of people who were approved as refugees from Africa, Latin America and the Middle East.

Temporary Protected Status (TPS) holders

Who are they? A person who is granted TPS is allowed to live in the U.S. until an emergency in their home country, such as a civil war or natural disaster, is declared over by the U.S. government. Designated TPS countries include Ukraine, Honduras, Syria, Nicaragua, Afghanistan, and Haiti, and also included Venezuela before Trump took office. The designation can be renewed and last many years. TPS holders work, and pay federal, state and local taxes. 

Legal history: The Immigration Act of 1990, signed into law by then-President George H.W. Bush, created the Temporary Protected Status system. 

Scope? Some 865,000 TPS holders are living in the U.S., according to 2024 data from the Congressional Research Service. The estimate for Massachusetts is about 28,000.

Trump’s impact? The Trump administration is ending TPS protections for Venezuelans. Vice President J.D. Vance, while on the campaign trail, said the Trump administration would stop “mass grants” of TPS. Vance also spread false claims that Haitian TPS holders in Ohio were eating their neighbors’ pets. 

U Visa holders

Who are they? U Visas are given to victims of crimes (such as abduction, domestic violence, trafficking, and sexual assault) who have information about the crime and are willing to help law enforcement with investigation or prosecution. The visa protects them against deportation. U Visa holders have the right to work and live in the U.S., and may be allowed to bring family members with them, such as a spouse or children. 

Legal history: The Victims of Trafficking and Violence Protection Act of 2000, signed into law by former President Bill Clinton, established protections and prevention tools for victims, including the U Visa. 

Scope? No more than 10,000 U Visas may be granted annually, but that figure does not include family members who derive that status from the principal U Visa holder. 

Trump’s impact? Though Trump has distanced himself from Project 2025, the conservative policy agenda recommends eliminating U Visas, stating, “Victimization should not be a basis for an immigration benefit.” 

Undocumented/no status

Who are they? Undocumented immigrants are foreign-born people who enter the U.S. unknown to authorities or have stayed in the U.S. after their visa expired. They have the right to due process, freedom from discrimination, legal counsel, K-12 public education, and protection from unreasonable search and seizure. Some pay income, sales and local property taxes. They are barred from obtaining public benefits, including Social Security and Medicare.

Scope? There are an estimated 11 million undocumented immigrants in the U.S., and about 325,000 in Massachusetts as of 2022, according to the Pew Research Center. 

Trump’s impact? Trump made a campaign promise to quell an “invasion” and undertake mass deportations of undocumented immigrants. U.S. Immigration and Customs Enforcement (ICE) conducted deportation arrests in East Boston during his first week in office. Deportations occurred throughout the Biden administration, but advocates of immigrants are concerned about an uptick, as well as ICE raids in their communities. 

Email Anastasia E. Lennon at alennon@newbedfordlight.org.