Navigating Life Undocumented

Derek Lawson

Alright, welcome back to The Immigration Conversation. I’m Derek Lawson, here with Ruby Sturt. Today, we’re diving into a topic that, honestly, comes up in my inbox and on Reddit every single week—navigating life in the U.S. without papers. Ruby, you ready for this?

Ruby Sturt

Always, Derek. I mean, this is the stuff people actually want to know, right? Not just the big policy headlines, but the real, gritty questions. And, let’s be honest, Reddit is basically the world’s biggest Q&A board for this stuff.

Derek Lawson

Yeah, and the top question—no surprise—is, “How can I get legal status if I’m undocumented?” The answer’s not simple, but there are options. Family-based sponsorship is a big one. If you’ve got a spouse, parent, or adult child who’s a U.S. citizen or green card holder, you might be eligible. But if you entered unlawfully, you’ll probably need a waiver or have to leave the country for consular processing. That’s where it gets tricky.

Ruby Sturt

And then there’s employment-based stuff, but honestly, most of those visas require you to have entered the U.S. legally in the first place. So, unless you’re in a special program, it’s a tough road. But there’s also asylum, if you’re facing real danger back home—persecution for things like your religion, political views, or being part of a targeted group. But you’ve gotta apply within a year of arriving, usually.

Derek Lawson

Right, and don’t forget DACA and TPS. DACA’s for folks who came here as kids, but as of now, new applications aren’t being processed—just renewals. TPS is for people from countries dealing with war or disasters. There’s also the U and T visas for victims of crime or trafficking, and cancellation of removal if you’ve been here over ten years and can show your deportation would cause extreme hardship to a U.S. citizen family member.

Ruby Sturt

And, wild as it sounds, if you’ve been here since before 1972, there’s this thing called “registry” where you might qualify for a green card. That’s a tiny group, but it’s out there. But, look, all of this is complicated. You really need a good immigration attorney to figure out what fits your situation.

Derek Lawson

Yeah, and I’ll just share—my neighbor in Detroit, Maria, she’s been here for years. She’s got a U.S. citizen kid, but her case is a maze. She’s hopeful, but every time she thinks she’s got it figured out, there’s a new form or a new rule. It’s confusing, and honestly, it’s exhausting for people. But there are paths, even if they’re winding.

Ruby Sturt

And that’s why we’re here, right? To cut through the noise and give people the real answers. So, let’s keep going—what about rights? Do undocumented immigrants actually have any?

Derek Lawson

Yeah, so, this comes up a lot. The short answer is yes—undocumented immigrants do have constitutional rights. The Fifth and Fourteenth Amendments guarantee due process and equal protection. That means you have the right to remain silent, the right to a lawyer in criminal cases, and protection against unlawful searches. But, there are limits—like, you’re not eligible for most federal benefits, and if you’re deported, you can’t just come back easily.

Ruby Sturt

And when it comes to work, it’s a bit of a minefield. By law, you can’t work for a U.S. employer unless you’ve got work authorization—like DACA, which lets you get an employment card. But if you don’t have that, you can’t legally be hired. That said, a lot of people get creative. Entrepreneurship is one way—starting your own business, freelancing, that sort of thing. You can get an ITIN from the IRS, pay your taxes, and run a business. It’s not illegal to own a business, even if you’re undocumented.

Derek Lawson

Yeah, and employers are supposed to check everyone’s documents with Form I-9. But, sometimes people use documents that look real, and if the employer doesn’t know they’re fake, they’re not necessarily breaking the law. It’s a gray area, but the risk is always there. And for independent contractors, businesses don’t have to check immigration status at all. That’s why you see a lot of undocumented folks working as contractors or in the gig economy.

Ruby Sturt

I’ve got a story for you, Derek. Back in Melbourne, I met this woman—let’s call her Ana—who moved to the U.S. and couldn’t get work authorization. So, she started a catering business out of her apartment. She got an ITIN, paid her taxes, and built a whole client base. It wasn’t easy—she had to deal with all the paperwork, and there was always that fear in the background. But she made it work, and now she’s actually helping other immigrants do the same thing. It’s not a perfect solution, but it’s a way forward for some people.

Derek Lawson

That’s awesome. And, you know, filing taxes is a big one. The IRS doesn’t care about your immigration status—they just want you to pay. Filing with an ITIN can actually help your case down the line, showing good moral character if you ever get a shot at legal status. There are free tax help programs out there, too, like VITA.

Ruby Sturt

So, bottom line—there are rights, there are risks, and there are ways to work, but it’s never simple. And, honestly, it’s a lot to keep track of. But let’s talk about something that comes up all the time—driving, travel, and healthcare. Because those are the things that hit people every single day.

Derek Lawson

Yeah, so, as of this year, 19 states and D.C. let undocumented immigrants get a driver’s license. States like California, New York, Illinois, and a bunch more. But the type of license varies—some are just for driving, some double as state ID, and only a couple are the same as what citizens get. But here’s the catch: most of these aren’t REAL ID compliant, so you can’t use them to board a plane or get into federal buildings.

Ruby Sturt

Exactly. And with the REAL ID law kicking in, if you want to fly domestically, you need a REAL ID or something else that’s compliant—like an unexpired foreign passport, an EAD, or a trusted traveler card. But, honestly, if you’re undocumented, flying can be risky. There’s more scrutiny at airports, especially with the current administration’s enforcement push. If you’re thinking about it, talk to a lawyer first.

Derek Lawson

And healthcare—this is a tough one. DACA recipients, for example, can’t get coverage through the ACA marketplace, Medicare, or Medicaid in most states. There are some exceptions—states like California and New York have their own programs. Otherwise, you’re looking at employer insurance, community health clinics, or private insurance, which can be expensive. And now there’s talk of even more restrictions coming down the pipeline.

Ruby Sturt

But DACA folks can still renew their protections, even with all the legal drama. The courts have said renewals are okay for now, but new applications aren’t being processed. So, if your DACA’s expiring, renew it—don’t wait. And if you’re waiting on a green card, keep your DACA active just in case. I mean, it’s like waiting for a bus that might never come, but you don’t want to be left out in the rain if your green card gets delayed.

Derek Lawson

Yeah, I know someone in that exact spot—DACA’s about to expire, green card’s still pending, and every day is just uncertainty. It reminds me of what we talked about in our green card episode—sometimes, you’re just stuck in limbo, and all you can do is keep your paperwork up to date and hope for the best.

Ruby Sturt

That’s the reality for a lot of people. It’s not easy, but knowing your options and staying informed makes a difference. And, hey, that’s what we’re here for. We’ll keep breaking it down, one episode at a time.

Derek Lawson

Absolutely. If you’ve got questions, send them our way. We’ll be back soon with more real talk and, hopefully, a few answers. Ruby, always a pleasure.

Ruby Sturt

Right back at you, Derek. Thanks for listening, everyone. Take care and catch you next time on The Immigration Conversation.