• Trump’s immigration crackdown has put millions of people on edge, but US law still recognises at least 9 categories of immigrants as legal residents
• Green card holders, DACA recipients, TPS holders and asylum seekers are among those with protected status, though some face new threats under recent policy changes
• The Laken Riley Act, signed into law by Trump, means even an arrest without a conviction can now trigger removal proceedings for non-citizens
Despite the sweeping immigration enforcement measures under President Donald Trump’s administration, United States law still formally recognises at least nine categories of immigrants as legal residents who should not be subject to deportation.
The categories range from naturalised citizens and green card holders to people awaiting asylum decisions and survivors of abuse.
Source: Getty Images
However, several of these protections have been weakened or complicated by recent executive and legislative actions.
Who is considered legal under US immigration law
According to Shepel Sky Law, US citizens, whether born on American soil or naturalised, sit at the top of the list. Even so, reports have emerged of Immigration and Customs Enforcement (ICE) agents detaining and, in some cases, assaulting US citizens, including military veterans, during raids. Those affected were released after presenting their US passports.
Lawful Permanent Residents, commonly known as green card holders, are also protected, as are non-immigrants on valid temporary visas, including students on F-1 visas, workers on H-1B or L-1 visas, and tourists on B-1 or B-2 visas.
Asylees, refugees, and people who applied for asylum through the CBP One mobile app and are awaiting court dates are considered legal while their cases are pending. The process, however, now takes between 10 and 12 years, leaving many in extended legal limbo. ICE agents are now permitted to make arrests inside immigration courts, adding a further layer of uncertainty for pending applicants.
Temporary Protected Status (TPS) holders retain legal recognition due to dangerous conditions in their home countries. TPS for Ukrainians was recently renewed for 18 months, but only for those who arrived before August 2023. Venezuela’s TPS extension, by contrast, was cancelled, with no confirmed path to reinstatement.
DACA recipients, the so-called Dreamers who arrived in the US as children, are recognised under this framework, as are humanitarian parolees, most of whom entered under programmes established during the Biden administration. Many parolees are technically legal under current immigration law, but the Trump administration has signalled it intends to prioritise their removal once their parole status expires.
Special immigrant categories round out the list, covering holders of U visas for crime victims, T visas for survivors, Special Immigrant Juvenile Status recipients, and abuse survivors filing under the Violence Against Women Act. These cases typically take between three and nine years to process.
Who falls outside legal protection
Anyone who entered the US without inspection and holds no recognised immigration status is generally considered undocumented. Some individuals facing deportation were convicted of crimes, though advocates argue many could not afford private legal representation or received poor advice and accepted plea deals without understanding the immigration consequences.
The Laken Riley Act, signed into law by Trump, now means that a mere arrest, even without a conviction or guilty finding, can place a non-citizen in removal proceedings.
Source: Getty Images
When deported by US, how long it takes to be removed
Legit.ng earlier reported that for anyone who has received a Notice to Appear from US immigration authorities, the most urgent question is rarely about legal strategy. It is about time: how long before a final decision is made?
The answer in 2026 depends heavily on one factor above all others — whether the person is being held in immigration detention or is free while their case proceeds.
Source: Legit.ng