16.9.1 Proportion of children under 5 years of age whose births have been registered with a civil authority, by age

According to the Center for American Progress (CAP), there are over 10 million undocumented immigrants, or noncitizens, living and working within the United States. The majority of these residents have resided in the country for more than 5 years, and are between the ages of 35 to 44. As of 2019, the primary countries of origin for these migrants are Mexico (48%), El Salvador (7%), Guatemala (7%), India (5%), and Honduras (4%). 65% of the undocumented population are employed, mainly in construction or accommodation, food services, arts, entertainment, and recreational industries. Further, 53% of undocumented residents are uninsured, and only 28% are homeowners. Many undocumented residents are eligible for at least one pathway to legal status, either through family status, employment, or asylum eligibility. This analysis will evaluate these legal pathways for the DMV area: Washington DC, Maryland (MD), and Virginia (VA). 

Currently, there are several federal pathways for undocumented residents to receive LPR status. Undocumented individuals who are immediate relatives of a US citizen may achieve LPR status through an adjustment of status. In most cases, undocumented individuals may marry a US citizen after their arrival and receive this adjustment. However, immigrants who crossed the US border without inspection by US immigration services may be required to leave the country and conclude the legal process through a US consulate. To avoid this, individuals can apply for an I-601 A Provisional Waiver, which stipulates that if an individual’s absence from the US would cause “extreme and unusual hardship,” they may finish the process domestically. This waiver also protects undocumented residents from receiving a 3-10 year bar from re-entering the US due to their illegal status. 

The second pathway for undocumented citizenship is the Deferred Action for Childhood Arrivals (DACA) program, a program created in 2012 stipulating that certain individuals who arrived in the US as children may request deferred action regarding their resident status for two years, subject to renewal, and may request work authorization. The Obama Administration created the DACA program after the Development, Relief, and Education for Alien Minors Act (DREAM) failed to pass in 2012. The Act would have provided young people who arrived while under the age of 16 and who have lived continuously in the United States since June 2007. Instead, DACA protects these individuals who can apply for deferred removal and instead pursue education or employment. The DACA program has been faced with several legal challenges over the past decade, primarily by the Trump Administration. However, the Biden Administration finalized a rule in August 2022 formalizing the program, which was previously based only on an executive memo by the Obama Administration. Since its creation, over 800,000 people have participated in the program. As of December 2022, 589,660 individuals are active DACA recipients, out of an estimated immediately eligible population of 1,161,000.

Other pathways to citizenship for undocumented residents is through the Legal Immigration Family Equity (LIFE) Act, which allows these individuals to finish their green card process in the US if an immigration petition was filed on their behalf or their parents’ behalf before April 30, 2001. Additionally, victims of trafficking and violence may apply for a U-Visa, which protects noncitizens who have been victims of human trafficking and have aided criminal investigations. The U-Visa provides legal status and employment authorization with the possibility of permanent resident status. To receive this visa, an individual must be a victim of a qualifying US criminal activity, must have information regarding the crime, and be helpful in the investigation and prosecution of said crime. Finally, if all other options are unavailable, an undocumented resident may apply for Non-LPR Cancellation or Removal, in which a person has lived continuously in the US for at least 10 years, removal would cause significant hardship to a permanent resident or US citizen spouse, child, or parent, the individual has good moral character for the past 10 years,and has not been convicted of certain crimes. However, this option is only available for individuals in immigration court. 

Washington, DC

In Washington DC, the Migration Policy Institute (MPI) estimates that, as of 2019, approximately 85,333 residents, or 12.1% of the District’s population, are foreign born. Of this population, 41.3% are White, 20.2% are Black, 16.8% are Asian, and 17.5% identify as a race other than those listed or Native American and Pacific Islander. Additionally, 38.4% of the foreign-born population identifies as of Hispanic Origin. This number is compared to 620,416 US-Born DC residents. Of this population, 51.3%, or 43,781 people are estimated to be noncitizens. Note that noncitizens are not necessarily in the country illegally, as DC has a large population of foreign workers due to its status as the nation’s capital. According to the Migration Policy Institute (MPI), DC is home to an estimated 21,000 illegal residents. Of this number, the majority are estimated to be from Mexico and Central America, followed by the Caribbean, South America, Europe/Canada, Asia, and Africa. 

The majority of noncitizen residents in DC have resided in the US longer than 5 years, with over 50% reporting that they either speak English very well or it is their native language. Further, nearly 40% of nonresidents have a graduate degree or higher, compared to 20% who report having less than a high school diploma. However, while 74% of noncitizens are engaged in the civilian workforce, 11% of noncitizens live below 100% of the poverty line, compared to 9.9% of naturalized immigrants, and noncitizens are less likely to have health insurance coverage, at 87%, compared to the naturalized immigrant rate of 96%. Additionally, undocumented immigrants comprised $48.7 million in federal taxes and $23.1 million in state and local taxes.

Due to Washington, DC’s status as a non-state, many pathways to citizenship are through federal resources, such as DACA, in which the American Immigration Council estimates approximately 600 active recipients to be living in the city as of 2020. However, the DC government does provide information and resources related to receiving federal assistance related to naturalization and works with many service providers to ensure that all undocumented residents have the ability to apply for an adjustment in their residential status. Further, the DC Mayor’s office operates an Immigrant Justice Legal Services grant program to support non citizen residents in finding legal aid and representation, in addition to providing a list of resources to other immigrant legal services on the DC Immigration Resources webpage. 

While noncitizens are unable to access many resources due to their lack of legal identity, DC does have several programs available to increase their access to health, education, and transportation. DC provides Limited Purpose Driver’s Licenses to all residents, regardless of citizenship, and through the Language Access Act, DC government is actively supporting 20 agencies to expand multilingual government services. DC-funded social services including healthcare are also available to all residents regardless of citizenship. Finally, DC has also committed to helping immigrants explore citizenship options by providing resources and launching the 2017 New American Workforce Partnership with the National Immigration Forum (NFI) to increase citizenship services for government employees, their families, and other residents who live or work in DC.

The DC City Council website also provides a list of nonprofit organizations to support naturalization processes for immigrants, including CARECEN, Catholic Charities, and the Carlos Rosario School, an international public charter school aiming to bring education to immigrant communities. The DC Government also works with Ayuda, an organization providing legal, social, and language services to low-income immigrants to ensure equitable access to government resources.  Other local nonprofits include the Capital Area Immigrants’ Rights (CAIR) Coalition, Mary House, and Just Neighbors.

Maryland

In Maryland, the Migration Policy Institute (MPI) estimates that, as of 2019, approximately 929,400 residents, or 15.4% of the state’s population, are foreign born. Of this population, 32% identify as Latino, while 28.6% identify as Asian, 26.5% identify as White, and 24.3% identify as Black or African American. 51.9% of this population are naturalized citizens, while an estimated 48.1%, or 447,500 people, are estimated to be noncitizens. Further, the American Immigration Council estimates that as of March 2020, there were 7.870 active Deferred Action for Childhood Arrivals (DACA) recipients, and approximately 126,000 Maryland residents living with at least one undocumented family member. 

The undocumented residents in Maryland contribute significantly to the state’s economy. In 2018, undocumented residents paid an estimated $375.5 million in federal taxes and $242.3 million in state and local taxes, with 71% of the population employed in the civilian labor force. However, despite these contributions, 14% of undocumented residents live below 100% of the poverty line, with a median salary of under $45,000. Further, non-citizens are particularly more likely to be uncovered by health insurance, with a 32.8% uninsured rate, and are less likely to own a home, with only a 37% ownership rate. Undocumented residents also have a higher rate of individuals with less than a high school diploma, at 32%. 

To address policy responses and government services for immigrants, the Maryland General Assembly authorized the creation of the Governor’s Office of Immigrant Affairs (MDOIA) in October 2021. MDOIA is mandated to establish a network of neighborhood opportunity centers providing immigrant services related to naturalization, DACA, and English to Speakers of Other Languages (ESOL) programs through partnerships with nonprofits and other program providers. Since its establishment, MDOIA has also taken over coordinating resources from non profit organizations throughout the state that assist with the naturalization process and provide basic services. These organizations include the Esperanza Center, CASA, Luminus Network for New Americans, Catholic Charities, International Rescue Committee, the Immigration Outreach Service Center, the Lutheran Immigration and Refugee Service, and several community-specific resources such as the Ethiopian Community Center, Muslim Community Center, and the Asian American Center of Frederick. Information about these organizations, in addition to information on other service providers and access to government aid are listed on the MDOIA website.

Virginia 

In Virginia, MPI estimates that, as of 2019, 251,000 undocumented residents live in the state, the majority of which having resided there for longer than five years. One in three of undocumented adults in Virginia are estimated to live in mixed households, in which some members of their family, including children or spouses are documented citizens. Further, as of September 2022, 8,500 DACA participants resided in the state, with a total of 23,000 potentially eligible for the program. Economically, the contribution of undocumented residents is significant, with an employment rate of 72% and an unemployment rate of 3.4%, compared to the state average of 63% employment and 4% unemployment for US born workers in 2019. The American Community Survey (ACS) estimates that the undocumented population in VA alone comprises $5.7 billion in state-wide household incomes and pays $674 million in annual taxes.

However, undocumented immigrant populations in VA are also more likely to have less than a high school diploma, at 29%, compared to 8% of US born citizens. Undocumented citizens have the lowest percentage of residents with any form of college education and the highest percentage of residents with less than high school education in the state. Further, undocumented citizens have the lowest median household income, home ownership rate, and number of residents living below the 100% poverty line in Virginia. Additionally, just 64% of undocumented residents receive health care coverage and nearly 30% are underserved, living between 15 and 30 minutes driving time away from Immigrant Service Providers (ISPs). Language barriers and limited employment opportunities contribute to these discrepancies, in addition to the risk of exploitation, both economically and socially. 

Overall, despite significant challenges for undocumented residents, Virginia boasts generally positive naturalization rates. As of 2019, 53% of foreign born residents are naturalized citizens, compared to the national average of 51.6%. Virginia’s naturalization rate is also higher than Maryland, North Carolina, and Tennessee. Virginia’s Office of New Americans (ONA), established in 2020, is the government office responsible for coordinating resources for naturalization and integration for undocumented residents. In 2022, ONA in partnership with Virginia Commonwealth University (VCU) published the Barriers to Integration of Virginia’s Immigrants, outlining key challenges for migrant families in the state, both naturalized and noncitizens, in addition to a series of recommendations to improve policy. Similar to DC, Virginia also allows for undocumented residents to receive driver’s licenses, in addition to allowing in-state tuition and financial aid to apply to undocumented students, including DACA recipients. 

Virginia’s Department of Social Services also provides a series of immigration websites and resources, including those for undocumented residents. These resources include topics such as education, employment, faith communities, health services, legal aid, policy development, and major non profit organizations. Major national non-profits working within Virginia include African Communities Together, Human Rights First, Kids in Need of Defense (KIND), Poor People’s Campaign, and United We Dream. Locally, the Virginia Coalition for Immigrant Rights, Virginia Coalition of Latino Organizations, Virginia Poverty Law Center, and the New Virginia Majority are key organizations also working with state government offices to provide services to documents and undocumented immigrants.