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 Kansas, as in all states, the definition and treatment of unauthorized or undocumented resident immigrants are primarily governed by federal law, specifically the Immigration and Nationality Act (INA). Unauthorized immigrants are those who have entered the United States without proper inspection or have overstayed their visas. While Kansas state law does not define unauthorized immigrants, it does have laws that may affect them, such as requiring proof of lawful presence for driver's licenses or state benefits. However, the process for an unauthorized immigrant to adjust their status to a Lawful Permanent Resident (LPR) is a federal matter. During the application process for a green card, applicants may be authorized to work in the U.S. but remain unauthorized residents until they obtain LPR status. Temporary Protected Status (TPS) holders are considered to have a lawful status and are not included in the unauthorized population. It's important to note that immigration enforcement and the adjustment of status are federal responsibilities, and state laws cannot contradict federal immigration laws.