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U.S. Immigrant Population Without Permanent Legal Status Soars to 12.2 Million, Study Reveals

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Migrants from Mexico and Guatemala are apprehended by U.S. Customs and Border Patrol officers after crossing a section of border wall into the U.S. on Jan. 04, 2025 in Ruby, Arizona.  (Photo by Brandon Bell/Getty Images)

WASHINGTON — A new report from the Center for Migration Studies reveals that the number of individuals in the United States without permanent legal status has surged to 12.2 million in 2023, marking an increase of 2 million since 2020. This estimate is based on the latest data from the Census Bureau’s American Community Survey.

The analysis highlights that six states—California, Florida, Illinois, New Jersey, New York, and Texas—host the largest populations of undocumented individuals, with Florida, New York, and New Jersey experiencing the most rapid growth.

This population estimate includes not only those lacking legal authorization, but also immigrants in temporary legal status programs like Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS). It further encompasses individuals with pending asylum applications and those granted humanitarian parole since 2021.

The report warns that estimating the undocumented population may become increasingly difficult in the coming years. Potential challenges include impacts from federal workforce reductions initiated under the Trump administration, which may affect census data collection.

The study considers potential declines in undocumented populations influenced by factors such as increased deportations, rising emigration, and lower survey response rates due to fear, although it does not attribute these changes solely to deportations.

In contrast to the findings of this report, U.S. Department of Homeland Security Secretary Kristi Noem testified in May that over 20 million people in the U.S. lack legal status. Other organizations, like the Migration Policy Institute, estimated 11.2 million undocumented immigrants as of 2021.

Significantly, the report indicates a drastic increase in the Venezuelan immigrant population, which rose from 55,000 in 2013 to 445,000 in 2023. This growth coincides with the Biden administration’s extension of TPS protections for Venezuelans, following an earlier provision in 2021.

Approximately half a million Venezuelans currently rely on TPS, facing threats of deportation as the Trump administration seeks to end these protections. The program allows eligible nationals to remain in the U.S. due to conditions in their home country deemed unsafe.

Moreover, the report highlights a notable increase in Central American immigrants, with a rise of 1.2 million since 2013. Amid the highest migration levels at the southern border in two decades, the Biden administration initiated a program in January 2023 offering work visas and deportation protections to nationals from Cuba, Haiti, Nicaragua, and Venezuela. Approximately 532,000 individuals participate in this program, although the Trump administration is currently appealing to the Supreme Court to terminate it.