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 New Jersey, as in other states, the unauthorized or undocumented resident immigrant population includes individuals who entered the United States without proper authorization or overstayed their visas. These individuals are not considered legal residents under federal law. Unauthorized immigrants in New Jersey may apply for adjustment to lawful permanent resident (LPR) status under the Immigration and Nationality Act (INA), but they remain unauthorized until they are granted a green card. During the application process, they may be authorized to work in the U.S. Additionally, individuals with Temporary Protected Status (TPS) in New Jersey are not considered unauthorized, as TPS is a temporary legal status granted to eligible nationals of designated countries affected by ongoing armed conflict, environmental disasters, or other extraordinary conditions.