CH 4 Illegality and U.S. Immigration Policy Vocabulary

These vocabulary flashcards cover key terms, laws, programs, and concepts related to undocumented immigration, legal status categories, enforcement mechanisms, social services eligibility, and the detention-deportation system discussed in the lecture notes.

Undocumented Immigrant

A foreign-born person living in the United States without current legal authorization.

Documented Immigrant

An immigrant who possesses valid authorization (e.g., visa, green card) to reside in the United States.

Undocumentedness

The socially imposed status of lacking legal immigration papers, often shaped by how authorities perceive an individual.

Liminal Legality

A prolonged state of being neither fully legal nor illegal, marked by temporary permits and constant uncertainty.

Permanent Temporariness

Long-term existence under short-term protections that never convert to full legal status.

Immigration Reform and Control Act (IRCA) 1986

Law that offered legalization to certain long-term undocumented residents and imposed employer sanctions for hiring the undocumented.

ABC Settlement (American Baptist Churches v. Thornburgh) 1990

Court agreement reopening thousands of Central American asylum cases excluded by earlier laws.

Immigration Act of 1990 (IMMACT)

Legislation that, among other changes, created Temporary Protected Status for nationals of designated countries.

Temporary Protected Status (TPS)

A provisional immigration status granting work authorization and protection from deportation to nationals of countries affected by war or disaster.

Nicaraguan Adjustment and Central American Relief Act (NACARA) 1997

Law offering permanent residency to some Central American asylum seekers, while favoring Cubans and Nicaraguans.

Deferred Action for Childhood Arrivals (DACA) 2012

Executive program granting renewable two-year deportation relief and work permits to qualifying undocumented youth.

Individual Taxpayer Identification Number (ITIN)

IRS-issued number that allows people ineligible for Social Security numbers—including the undocumented—to file U.S. taxes.

E-Verify

Federal electronic system that checks a worker’s information against government databases to confirm employment eligibility.

Fraudulent Social Security Card

Counterfeit or borrowed card used by undocumented workers to satisfy hiring paperwork requirements.

Earnings Suspense File

IRS/SSA account where payroll contributions made under mismatched or false Social Security numbers are stored.

Identity Theft

Illicit use of another person’s data to obtain financial gain or access their property—distinct from mere use of a false SSN to work.

Marriage Fraud

Entering a marriage solely to obtain immigration benefits; prosecuted by ICE when proven.

REAL ID Act 2005

Law establishing national standards for state driver’s licenses and requiring proof of lawful status.

Driver Privilege Card (Utah)

State document allowing driving for residents without a Social Security number, but not valid for federal ID purposes.

287(g) Program

Agreement allowing local law-enforcement officers to perform certain federal immigration-enforcement functions.

Secure Communities

Program that shares arrestees’ fingerprints with ICE, triggering detainers and potential deportation.

Immigration and Customs Enforcement (ICE)

DHS agency responsible for interior immigration enforcement, detention, and removals.

Border Patrol

CBP unit tasked with preventing unauthorized entries between ports of entry.

Operation Streamline

Border initiative prosecuting unauthorized crossers criminally before turning them over for civil removal.

Voluntary Departure

Option allowing an apprehended immigrant to leave the U.S. on their own, avoiding a formal removal order.

Formal Removal (Deportation)

Judge-ordered expulsion that bars lawful reentry for years and criminalizes future unauthorized return.

Illegal Entry (First Offense)

Misdemeanor crime of crossing the border without inspection, punishable by up to six months in jail.

Illegal Reentry (After Removal)

Felony offense of returning to the U.S. after deportation, punishable by up to two years’ imprisonment.

Civil Immigration Violation

Being present without authorization; handled through removal, not criminal prosecution.

Detention Bed Quota

Informal ICE target—e.g., 32,600 daily detainees—driving the number of immigrants held.

Private Prison Company (e.g., CCA)

For-profit firm contracting with government to detain inmates, including immigration detainees.

Latino Threat Narrative

Cultural storyline portraying Latino immigrants as criminals or invaders, used to mobilize political support.

Mixed-Status Family

Household whose members hold differing immigration statuses (citizens, residents, undocumented).

Head Start

Federal preschool program accessible to undocumented children despite other benefit restrictions.

Supplemental Nutrition Assistance Program (SNAP)

Food-aid program generally unavailable to undocumented adults but sometimes accessible to U.S.-born children.

Women, Infants, and Children (WIC)

Nutritional assistance program open to pregnant women regardless of immigration status.

Affordable Care Act Exclusion

Provision that bars undocumented immigrants from purchasing coverage through ACA marketplaces.

Earnings Suspense File

SSA holding account for payroll taxes credited to invalid or mismatched Social Security numbers.

Secure Communities Detainer

ICE request asking local jailers to hold an arrestee for transfer to immigration custody.

Quota-Driven Enforcement

Policy pressure on ICE field offices to meet annual removal targets, including non-criminal cases.

Public Defender Knowledge Gap

Problem wherein criminal lawyers lack expertise on immigration consequences of plea deals for non-citizens.

“Permanent Uncertainty”

Everyday lived condition of undocumented persons who oscillate between normalcy and vulnerability.

E-Verify Mismatch

Situation in which an employee’s personal data does not align with SSA/USCIS records, risking job loss.

I-94

Arrival-Departure Record proving lawful entry; often lacking for TPS or asylum applicants who entered without inspection.

Secure Communities Opt-Out Debate

Controversy over whether states or localities can refuse participation in the fingerprint-sharing program.

Voluntary Return (Mexico)

Rapid bus transfer of Mexican nationals captured near the border back across the boundary, without formal removal order.

Immigration Detention

Civil confinement of non-citizens while removal proceedings are pending, often in private prisons.

Operation Streamline “Time Served”

Practice of sentencing border-crossers to the detention already endured, then passing them to ICE for removal.

Non-Criminal Alien (ICE Category)

ICE term for a removable immigrant without a criminal conviction other than immigration offenses.