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 Kentucky, 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 Kentucky does not have specific state statutes that redefine the status of unauthorized immigrants, state laws and policies may affect them in terms of access to state services, law enforcement, and employment. Unauthorized immigrants in Kentucky who seek to adjust their status to Lawful Permanent Resident (LPR) must follow the federal procedures outlined in the INA. Until they are granted a green card, they remain unauthorized, even if they have received authorization to work or are beneficiaries of Temporary Protected Status (TPS), which provides temporary relief from deportation but does not confer lawful permanent resident status.