Glossaries of Immigration Terminology

The Sillerman Center: U.S. Immigrant and Refugee Terminology and Jargon Guide

Below is a list of commonly used immigration terms as defined by The Sillerman Center at Brandeis University. Visit the source here.

People and Immigration Status:

Asylee – A foreign national in the United States or at a port of entry who is unable or unwilling to return to his or her country of nationality, or to seek the protection of that country because of persecution or a well-founded fear of persecution. Persecution or the fear thereof must be based on religion, nationality, membership in a particular social group or political opinion. A person is deemed an asylee once they have fled and landed in a country where they are seeking refuge.

Citizen – A U.S. Citizen is defined as an individual born in the U.S., an individual whose parent is a U.S. citizen*, a naturalized U.S. citizen, or an individual born in Puerto Rico, Guam, or the U.S. Virgin Islands.

*The Child Citizenship Act, which applies to both adopted and biological children of U.S. citizens, provides for the automatic acquisition of U.S. citizenship when certain conditions have been met. Specifically, these conditions are: One parent is a U.S. citizen by birth or through naturalization, the child is under the age of 18, the child is residing in the United States as a lawful permanent resident and is in the legal and physical custody of the U.S. citizen parent, and if the child is adopted, the adoption must be final.

Emigrant – A person who leaves their own country in order to settle permanently in another country.

Foreign-born – The foreign-born population includes anyone who is not a U.S. citizen at birth, including those who become U.S. citizens through naturalization. The native-born population includes anyone who is a U.S. citizen at birth.

Immigrant – A person who migrates to another country, usually for permanent residence. However, The Immigration and Nationality Act (INA) broadly defines an immigrant, in the U.S., as any non-citizen in the United States.

Internally Displaced Persons – People who are forced to flee their homes, often for the very same reasons as refugees – war, civil conflict, political strife, natural or man-made disasters, and gross human rights abuse – but who remain within their own country and do not cross an international border. They are therefore not eligible for protection under the same international system as refugees. There is no single international body entrusted with their protection and assistance. According to the UNHCR, there are 65.3 million forcibly displaced people in the world.

Lawful Permanent Resident (LPR) – Any person who is not a citizen of the United States but who is living the in the U.S. under legally recognized and lawfully recorded permanent residence as an immigrant. Also known as “permanent resident alien,” “resident alien permit holder,” and “Green Card holder.”

Migrant Worker – The UN Convention on the Rights of Migrants defines a migrant worker as a “person who is to be engaged, is engaged or has been engaged in a remunerated activity in a State of which he or she is not a national.”

Mixed-status family – A family in which one or more parents is a noncitizen and one or more children is a citizen. The Center for American Progress reported, in 2012, that 16.6 million people in the U.S. were living in mixed-status families at that time.

Refugee – A person who is outside his/her country of nationality or habitual residence; has a well-founded fear of persecution because of his/her race, religion, nationality, membership in a particular social group or political opinion; and is unable or unwilling to avail himself/herself of the protection of that country, or to return there, for fear of persecution. The UNHCR has deemed that there are 21.3 million refugees throughout the world.

Temporary Labor Migrants – Temporary labor migrants (also known as guest workers or overseas contract workers) are people who migrate for a limited period of time in order to take up employment and likely send money or goods home as remittances.

Unauthorized/undocumented immigrant – An immigrant who has entered the United States without authorization or proper documentation or a person who entered the United States legally but who has fallen “out of status.” There are approximately 11 million undocumented people currently residing in the U.S.

Policy and Programs:

DACA (Deferred Action for Childhood Arrivals) – A U.S. immigration policy passed by the Obama Administration that allows certain undocumented immigrants who arrived in the US before their sixteenth birthday to apply for a deferral of their deportation for two years. The status lasts for 2 years, is renewable and applicants are eligible for employment authorization.

Diversity Visa Program – The Department of State has an annual lottery for immigration to the United States. Up to 55,000 immigrants can enter the United States each year from countries with low rates of immigration to the United States.

Family Reunification Program – Only immediate family members are eligible to petition under the family reunification program. Under the U.S. law, an “immediate family member” is the child, spouse, or parent of the person requesting reunification. To be considered a “child,” the person must be unmarried and under 21 years of age. This means that siblings, cousins, and other family members are not eligible to petition under the current family reunification program.

Family Unity – A special program for spouses and children of people who received residency through Amnesty or Cuban/Haitian Adjustment in the late 1980s (Amnesty was a one-time program, benefiting people who had been living or doing farm work illegally in the United States). Through the Family Unity program, these family members receive a temporary right to live and work in the United States while waiting to become eligible for permanent residence through a family visa petition.

Forced migration – In a broader sense, this includes not only refugees and asylum seekers but also people forced to move due to external factors, such as environmental catastrophes or development projects. This form of migration has similar characteristics to displacement.

Immigrant integration – Integration is the process by which immigrants become accepted into society, both as individuals and as groups. This definition of integration is deliberately left open, because the particular requirements for acceptance by a receiving society vary greatly from country to country. The openness of this definition also reflects the fact that the responsibility for integration rests not with one particular group, but rather with many actors— immigrants themselves, the host government, institutions, and communities, to name a few.

Naturalization – The process by which U.S. citizenship is granted to a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act. More than 653,000 immigrants naturalized to become U.S. citizens in fiscal year 2014. There are millions of legal permanent residents who are eligible to naturalize but have not done so.

Refugee resettlement program – Resettlement is the selection and transfer of refugees from a country in which they have sought protection to another country. This differs from the asylum process, whereby individuals who have reached the United States are granted protection. Resettlement can take 18-24 months or longer from referral to arrival in the United States. The refugee resettlement program is a public/private partnership by design.

Sponsor (verb) – To “sponsor” an immigrant is the traditional term for “petitioning” the person to come to the United States—that is, initiating a process allowing the immigrant to apply for legal admission and/or status by virtue of a family relation to the sponsor.

Temporary Protected Status (TPS) – The secretary of the Department of Homeland Security may designate a foreign country for TPS due 5 to conditions that temporarily prevent the country’s nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately.

The U.S. may grant TPS to eligible nationals of certain countries (or parts of countries), who are already in the United States. Eligible individuals without nationality who last lived in the designated country may also be granted TPS. The secretary may designate a country for TPS due to the following temporary conditions in the country: ongoing armed conflict (such as civil war); an environmental disaster (such as earthquake or hurricane); or other extraordinary and temporary conditions. Grants of TPS are initially made for periods of 6 to 18 months and may be extended. There are currently 300,000 foreign nationals from 13 countries with TPS in the United States.

UNHCR – The United Nations High Commissioner for Refugees was created in the wake of World War II in order to help the millions of Europeans who had been displaced. Although the organization was only supposed to last three years, it is still active today and continues to help with the resettlement of refugees, especially those displaced in the Middle East and Africa.

1951 Refugee Convention – A UN document signed by 144 state parties that outlines the rights of displaced people and the legal obligations states have to protect them. The overarching point of the Convention is that no displaced person should be forced to return to a country where their freedom or life is endangered.

Source: The Sillerman Center at Brandeis University

 

Freedom for Immigrants – Glossary of Immigration Terms

Below is a list of commonly used immigration terms as defined on the Freedom for Immigrants website. For the full list, visit: https://www.freedomforimmigrants.org/terminology/

Asylee:   A person who has been granted the relief of asylum in the United States due to fear of persecution in their native country for the same reasons as refugees. Immediately after obtaining asylum, asylees are authorized to work in the United States and one year later, an asylee can apply for lawful permanent resident (LPR) status.  Like all other LPRs, after five more years, the asylee can apply for U.S. citizenship.

Asylum seeker:  A person seeking refuge in the country in which he or she currently resides due to persecution faced in his/her native country. People who apply for asylum at an airport or other point of entry into the United States are detained.

The difference between refugees and asylum seekers is that asylum seekers are physically present in the United States or at a U.S. border and are seeking permission to remain in the United States, while refugees are outside the United States and are seeking resettlement in the United States.

Board of Immigration Appeals (BIA):   The highest administrative body within the Department of Justice that interprets and applies immigration law.  The BIA hears appeals of decisions made by Immigration Judges (IJs).  These decisions are binding unless overturned by the Attorney General or a federal circuit court.

Citizenship and Immigration Services (CIS, or USCIS):   The bureau within DHS that administers applications for immigration benefits such as visas, adjustment of status, and naturalization.  The USCIS Asylum Officer Corps makes decisions on affirmative asylum claims.

Department of Homeland Security (DHS):   Charged with “protecting” the United States.  In 2003, through the Department of Homeland Security Act, DHS absorbed most of the former Immigration and Naturalization Service (INS) and took on its duties.

DHS split immigration-related duties among three separate agencies: (CIS) – Citizenship and Immigration Services, (ICE) – Immigration and Customs Enforcement, and (CBP) – Customs and Border Protection.

Deportation/Removal:  Expulsion of a noncitizen from the United States.  People who can be deported include non-citizens (including lawful permanent residents) with criminal convictions; visa overstays; refugee/asylum seekers; and those who entered without inspection (for example, by crossing the border unlawfully).  Once removed, a noncitizen faces legal bars for a time period that prevent his or her return or sometimes they are permanently barred.

Expedited Removal:   A section of 1996 laws used to deport many non-citizens without a hearing before an Immigration Judge.  Expedited removal can be imposed on people the government finds “inadmissible” at any border entry point.  Under expedited removal, individuals can be removed on an order issued by an immigration officer.  The U.S. Immigration and Naturalization Service (INS) began implementing the expedited removal provisions of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) in 1997.

Immigration and Customs Enforcement (ICE):  The bureau within the U.S. Department of Homeland Security (DHS) that enforces immigration laws and conducts the apprehension, detention and deportation of immigrants.  ICE used to be part of what was known previously as the INS or Immigration and Naturalization Service.

Lawful Permanent Resident (LPR):   An immigrant with a “green card” who has been lawfully admitted to the United States for permanent residence.  An immigrant can become a permanent resident in several different ways.  Most individuals are sponsored by a family member or employer in the United States.  Other individuals may become LPRs through refugee or asylee status or other humanitarian programs.

LPRs have essentially the same rights and obligations as U.S. citizens with the exceptions of voting and holding certain public offices and civil service positions.  However, LPRs can be detained or deported for certain offenses, including misdemeanors punishable by one or more years in jail.  After five years (three years in certain circumstances), an LPR can apply for U.S. citizenship.

Non-immigrant:   A person who has been lawfully admitted to the United States for a specific purpose (e.g. work or study) for a temporary stay that will end when its purpose has been accomplished and the visa expires.

Parolee:  A non-citizen to whom the Attorney General has granted a temporary stay for humanitarian or public interest purposes and who can be detained at any time.  Parolee status expires after one year (renewable at the U.S. government’s discretion), and most parolees are prohibited from applying for lawful permanent residency (LPR) “green card” or citizenship.

Refugees:  People seeking protection and a safe place to live outside their country of origin who is unable or unwilling to return because of past persecution and/or a well-founded fear of persecution on account of their race, religion, nationality, political opinion, or membership in a particular social group.  Each year, a certain number of refugees are selected by the U.S. State Department to undergo several security screenings and enter the United States through the Refugee Resettlement Program.

One year after arriving in the United States, a refugee can apply to become a lawful permanent resident (LPR), and after five more years, can apply for U.S. citizenship.

Voluntary Departure:   DHS or an Immigration Court may, in its discretion, allow a person to depart from the U.S. at his or her own expense in lieu of removal. DHS and/or the Immigration Court will set a finite period, usually about 120 days, to depart the U.S.   If the person fails to depart, they will be subject to fines and a 10 year period of ineligibility for other forms of relief.  Immigrants with aggravated felonies are ineligible for voluntary departure.

A Few Further Notes by Freedom for Immigrants:

The notes below were written by Freedom for Immigrants. Use of the word “we” refers to the organization Freedom for Immigrants.

“Immigration Detention”: Across the world, the term “immigration detention” is used to refer to the government practice of incarcerating human beings while they wait for a decision on their immigration case.

Freedom for Immigrants uses this term, but when referring to the actual facilities in the United States that confine immigrants, our organization uses the terms “immigrant prison” and “immigrant jail.” In the U.S. context, most facilities are either literal prisons run by private prison companies or county jails that contract with ICE.

There are only a handful of government-run facilities, but they also look and feel like a prison.

“Illegal” or “Alien”:  Freedom for Immigrants denounces the use of degrading terms, such as “alien” and “illegal (immigrant),” to describe undocumented or unauthorized immigrants because it casts them as inhuman outsiders who come to the United States with questionable motivations.

“Alien” is a term used in the Immigration and Nationality Act to refer to non-citizens, but it should be avoided unless used in a quote.  The term “illegal immigrant” stereotypes undocumented persons who are in the United States and suggests that they have all  committed crimes.

Under current U.S. immigration law, entering the United States without inspection or overstaying a visa is not a crime; it is a civil violation.

Although “undocumented immigrant” is not ideal nomenclature, we use it, “non-citizen” or “non-status immigrant” for lack of better terms.

“Detainee”:   Likewise, when describing someone who is currently detained, we believe that “detained immigrant/person” or “person in immigration detention” are the best terms, insofar as the discussion is actually related to their detention.

Dehumanizing language like “detainee” serves only to reinforce the stripping of people in detention of their fundamental human rights.

“Migrant”: The United Nations (UN) defines the term migrant as “any person who lives temporarily or permanently in a country where he or she was not born, and has acquired some significant social ties to this country.”

The UN Special Rapporteur of the Commission on Human Rights has proposed that the following persons should be considered as migrants:

(a) Persons who are outside the territory of the State of which their are nationals or citizens, are not subject to its legal protection and are in the territory of another State; (b) Persons who do not enjoy the general legal recognition of rights which is inherent in the granting by the host State of the status of refugee, naturalized person or of similar status; (c) Persons who do not enjoy either general legal protection of their fundamental rights by virtue of diplomatic agreements, visas or other agreements.”

When referring to a “migrant worker,” the definition significantly changes; the UN Convention on the Rights of Migrants defines a migrant worker as a

“person who is to be engaged, is engaged or has been engaged in a remunerated activity in a State of which he or she is not a national.”

“Immigrant”:  An “immigrant” is someone who has already come to live permanently in a country, as opposed to “emigrant,” which refers to a person leaving their own country to settle permanently in another. In the United States, as is the case in most countries, an “immigrant” is someone who has been granted legal status to stay in a country. An “immigrant” can be considered a “non-immigrant,” as defined above, if they have only been granted status to stay in the country for a limited time.

In the United States, the term “undocumented immigrant” refers to individuals present in the country without authorization, whereas Europe usually uses the term “unauthorized immigrant.”

Source: Freedom for Immigrants

 

U.S. Citizenship and Immigration Services (USCIS) – Glossary

Additional immigration terms and definitions can be found in the USCIS Glossary.*

 

*Please note: USCIS and the US Department of Homeland Security use the word “alien” in their terminology. USCIS defines “alien” as “any person not a citizen or national of the United States. ‘Foreign national’ is a synonym and used outside of statutes when referring to non-citizens of the U.S.”

Welcoming NH recognizes that the term “alien” is used by U.S. federal law, but Welcoming NH does not use or support use of the word “alien” when referring to human beings. Nor does Welcoming NH use or support use of the word “illegal” when referring to unauthorized or undocumented immigrants.

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