The unauthorized or undocumented resident immigrant population is defined as all foreign-born non-citizens who are not legal residents. Most unauthorized residents either entered the United States without inspection or were admitted temporarily and stayed past the date they were required to leave.
Unauthorized residents applying for adjustment to lawful permanent resident (LPR) status under the Immigration and Nationality Act (INA) are unauthorized until they have been granted lawful permanent residence (a green card)—even though they may have been authorized to work. Persons who are beneficiaries of Temporary Protected Status (TPS) are not technically unauthorized.
In Alaska, as in all states, the unauthorized or undocumented resident immigrant population is subject to federal immigration laws, as immigration is under federal jurisdiction. The Immigration and Nationality Act (INA) governs the status of all immigrants, including those without proper documentation. Unauthorized immigrants are those who entered the United States without proper inspection at a port of entry or overstayed their visas. These individuals are not legally authorized to reside in the U.S. and may face removal proceedings. However, some may apply for an adjustment of status to become a Lawful Permanent Resident (LPR), commonly known as obtaining a green card. During the application process, they may be granted work authorization, but they remain unauthorized residents until their LPR status is approved. Temporary Protected Status (TPS) beneficiaries are not considered unauthorized, as TPS is a temporary legal status granted to eligible nationals of designated countries facing ongoing armed conflict, environmental disasters, or extraordinary and temporary conditions.