During my recent presentation to an economic roundtable in Florida, I encountered a familiar confusion—my highly educated and accomplished audience was unclear about who qualifies as an “immigrant” in the United States. My listeners were unaware of the various immigration categories and what they mean for America’s economy and national security and how one non-U.S.-citizen’s status differs from another. One of President Donald J. Trump’s executive orders could end this confusion and greatly improve the fairness of our immigration system.
Over the years, friends, journalists, and political contacts have asked me to compile an immigration-status glossary. My personal and professional credentials uniquely qualify me to do so.
I began as an underage (17-year-old) non-immigrant visa applicant. Later, I held exchange, business, and work visas. I became a lawful permanent resident and, ultimately, a naturalized U.S. citizen. I am now a state-licensed and federally admitted attorney with national security clearance.
With that background, here are the properly defined categories for everyone in the United States of America:
American Citizen: A person born or naturalized as a U.S. citizen.
Immigrant (Lawful Permanent Resident): A person lawfully admitted for permanent residence in the U.S. and issued a “Green Card.” This individual resides in America indefinitely and no longer maintains a principal residence abroad.
Undocumented Immigrant: A permanent resident who is lawfully and physically present in the U.S. but momentarily does not have documentation on his person — e.g., someone who left his Green Card at home while shopping or jogging.
Non-Immigrant Visitors: Individuals lawfully in the U.S. on temporary visas, without immigration intent.
a) Holders of visas allowing dual intent: Temporary workers (H-1B) or executives (L-1) who enter the U.S. temporarily but are permitted to develop the intent and pursue permanent residence later.
b) Visa holders without immigration intent: Students (F-1), exchange visitors (J-1), business visitors (B-1), and tourists (B-2) who enter the U.S. temporarily and must depart upon completion of their legal stay.
Undocumented Visitor: A lawful non-immigrant visitor (e.g., worker, student, or tourist) who simply lacks proof of status on her person, such as leaving her passport with U.S. visa in a hotel room.
Illegal Immigrant
A foreign national who entered the U.S. legally (on a visa) but overstayed or violated the terms of his admission, thereby falling out of lawful status and remaining in America illegally, e.g., an overstaying student or tourist performing work in the U.S.
Illegal Alien: A person who entered the U.S. without inspection or authorization—by crossing a border unlawfully, arriving by raft, or otherwise evading the visa process. For the record, “alien” is not an epithet. It is a definition set forth in the Alien Enemies Act (50 U.S.C. §§ 21–24) and other statutes. U.S. Supreme Court opinions have included this legal term for decades — e.g., Turner v. Williams (1904), Ludecke v. Watkins (1948), and United States v. Hansen (2023).
Underage Illegal Alien: A person under 18 who entered the U.S. unlawfully. Arguments that “they didn’t know better” ignore the broader principle that age does not excuse trespass or theft. One always must receive permission before entering another person’s property—or another people’s country. Compassion should be extended to those who were smuggled in at an early, “unconscious” age, but Congress must codify any such compassion. That would be more useful than shutting down the government for 43 days and avoiding work altogether. Until then, the law is clear.
Invader: An individual who unlawfully enters the U.S. intending to harm or undermine this country.
Enemy Invader: An Invader who enters from or on behalf of a nation hostile to the United States (e.g., China, Iran, Russia, or Venezuela).
Enemy Combatant: An Enemy Invader actively engaged in violence against the U.S., its citizens, or lawfully present residents and visitors.
Asylum and Temporary Protected Status (TPS): This is where confusion and manipulation thrive.
Asylum Seekers: Individuals fleeing genuine persecution or danger in their home countries who apply for protection under U.S. and international law. They must file within one year of arrival (with limited exceptions) and prove a credible fear based on race, religion, nationality, political opinion, or membership in a particular social group. Once their claims are granted, they may live and work lawfully here and later apply for permanent residence.
TPS Holders: Separate from asylum, TPS is a humanitarian program the U.S. government designates for nationals of specific countries suffering armed conflict, natural disasters, or other extraordinary conditions. TPS beneficiaries are allowed to stay and work legally in the U.S. temporarily, but they do not receive Green Cards, permanent residency, nor automatic paths to citizenship.
Fraudulent Asylum Seekers and Opportunistic TPS Holders: These tricksters abuse this process, not because of persecution or danger but because cheating offers the fastest path to stay and work in the U.S. They often exploit procedural backlogs, filing weak or fabricated claims that take years to adjudicate. By the time their cases finally are heard, they have learned to perform their fictitious roles. They rehearse false stories that sound credible to casual ears. Many TPS holders have lived in America for decades because successive administrations extend these designations.
While lawfully present, Asylum Seekers and TPS Holders can access benefits—such as ObamaCare subsidies and state-level unemployment insurance. Ironically, lawful permanent residents are prohibited from accepting such government assistance under public-charge and sponsorship rules. Indeed, millions of U.S. citizens do not qualify for these programs.
The real abuse lies in delay. Asylum hearings often are scheduled for five to ten years into the future. This creates a perverse incentive to file meritless claims, simply to obtain work authorization, secure government benefits reserved for citizens in need, and savor America until an asylum hearing sometime in the 2030s. It’s easy to postpone hearing dates. Tricksters count on decades of life in these United States before any such hearing actually occurs.
Solution to Asylum and TPS Fraud: With these terms now clear, the question remains: What will America do with the millions of foreign citizens here within various flavors of illegality? The answer is procedural, not ideological: Mandate asylum filings within 30 days of entry and hearings within 90 days of arrival. At the very least, enforce the statutory goal of adjudication within 180 days. Expedite cases from countries hostile to the United States and authorize the Department of Justice to clear the backlog by appointing additional Immigration Judges and qualified attorneys as Immigration Judges Pro Tempore. Swift adjudication would separate the persecuted from the opportunistic. This would protect U.S. taxpayers from fraud and prevent America’s compassion from being weaponized against itself.
Migrant: This is another frequently misused term. “A person who moves away from their usual place of residence, either within a country or across an international border, temporarily or permanently, and for a variety of reasons.” (International Organization for Migration Glossary on Migration, 2019). Crucially, international law distinguishes migrants from refugees and asylum seekers, who move because of persecution and are protected under separate treaties (1951 Refugee Convention). In simpler terms, a migrant is a member of a migration wave—such as Israelites following Moses from Egypt into the desert, Cherokees tragically relocated against their will from present-day Georgia into Oklahoma (within one country), or Irishmen and Italians coming to America via Ellis Island. Individuals who breach borders are not “migrants” by any historic, legal, or common-sense definition.
Summary of Immigration Status Types:
- Citizen (born or naturalized in the U.S.)
- Lawful Permanent Resident (immigrant, Green Card holder)
- Non-Immigrant Visitor (student, tourist, or business visitor)
- Undocumented Immigrant or Visitor (legally present but left visa at home/hotel)
- Illegal Immigrant (overstayed or misused visa)
- Illegal Alien (entered unlawfully)
- Underage Illegal Alien (entered unlawfully as a minor)
- Invader (entered unlawfully and dislikes the U.S.)
- Enemy Invader (same as above, but arrives from or on behalf of a hostile nation)
- Enemy Combatant (same as above, but aims to harm citizens, residents, and visitors)
- Asylum Seeker (escaping persecution)
- TPS Holder (hiding from war or disaster)
- Trickster (pretending to face persecution, war, or disaster)
- Migrant (member of an orderly, intentional relocation from one locale to another)
Final Thought
President Trump has the legal power, through executive orders, to improve these procedures and save taxpayers money—specifically by mandating expedited reviews of asylum cases, where most fraud occurs.
Meanwhile, please do not dishonor those who respect U.S. laws and contribute meaningfully to this country—by misusing these terms, specifically “undocumented immigrant.” And please do not mistake or insult immigrants shopping without their Green Cards in their pockets, or Cherokees and Israelites, with the illegals in categories 5 through 10 or outright tricksters (13). To emerge from today’s immigration morass, America must begin with clarity, not confusion.