is a permanent immutable condition. On the other end of the spectrum, many people are here with legal status simply because they or their parents or grandparents were privileged enough to be born here. Still, immigration status is far more amorphous and complicated than simply labeling someone a “legal” or “illegal” immigrant.
Take, for example, my own immigration case. My parents gained legal residency through my U.S. citizen grandmother but I was aged-out of the process and put in removal proceedings. I have a pending green card application and a pending cancellation of removal case in immigration court. While both applications are pending, I get to have work authorization, through which I have a driver’s license, state identification and a host of other privileges. I’m also eligible for deferred action. It is, hence, legally incorrect to call me an illegal immigrant (or even an undocumented immigrant), though many have resorted to doing so while telling me to get out of their country. I’m in legal limbo but I’m certainly not in the country illegally at this point.
And indeed, it is hard to tell who is in the country with or without a proper immigration status unless you are a qualified immigration attorney or judge. I work at an immigration law firm. Last week, we had a family come in for consultation because they thought they qualified for deferred action. It turns out that they should have received their green cards in the mail a long time ago. As another example, someone who thought he was DREAM Act-eligible came in for a consult to determine his eligibility for the deferred action program. His dad had naturalized when he was a minor and we had the pleasure of telling him that he was, in fact, a U.S. citizen. All too ...