The number of undocumented immigrants in the United States is one of the most widely debated statistics in the country, and the honest answer is that no single definitive number exists. Estimates from credible research organizations range from approximately 11 million to 14 million people as of 2025, with the variation reflecting differences in methodology, data sources, and the inherent difficulty of counting a population that largely avoids participation in government surveys and official records. Understanding where these numbers come from, what they mean, and how they affect legal rights in Texas is something that matters both for policy discussions and for individuals navigating the legal system.
For undocumented immigrants living and working in Texas, the legal landscape is complex and often misunderstood. Whether the issue involves a traffic stop, a workplace injury, a serious accident, or criminal charges, knowing what rights are available under Texas law is critically important regardless of immigration status. At The Law Office of Michael Bates, our Houston criminal defense lawyer team also guides clients navigating personal injury and accident claims throughout Houston and the surrounding areas.
How Many Undocumented Immigrants Are in the US?
No government agency maintains a real-time count of undocumented immigrants in the United States because, by definition, this population is not documented in official systems. According to the Department of Homeland Security, estimates are produced using indirect statistical methods that analyze census data, border crossing records, visa overstay rates, and demographic modeling techniques. The most commonly cited estimates as of 2025 place the unauthorized immigrant population between 11 million and 14 million people, representing roughly 3 to 4 percent of the total United States population.
How Is the Unauthorized Immigrant Population Counted?
Because undocumented immigrants cannot be directly tracked through legal systems, researchers rely on indirect estimation methods that carry meaningful margins of error.
- Residual Method: Subtracts the known legal immigrant population from the total foreign-born population counted in census surveys.
- Census and Survey Data: The American Community Survey provides the baseline foreign-born population figures used in most estimates.
- DHS Records: Border encounters, visa issuances, and overstay data feed directly into population models.
- Limitation: Some undocumented individuals avoid census participation entirely, meaning true numbers may be higher than estimates suggest.
How Has the Unauthorized Immigrant Population Changed Over Time?
The unauthorized immigrant population in the United States has shifted considerably over the past two decades and has not followed a single consistent trend in any direction.
- The population peaked at approximately 12.2 million in 2007 before declining through 2017 as a result of increased enforcement, economic factors, and voluntary departures.
- Between 2017 and 2020, the population remained relatively stable at approximately 10.5 million, according to most mainstream academic estimates.
- Between 2021 and 2023, the population grew significantly, with the Pew Research Center estimating it reached approximately 14 million by mid-2023, driven largely by increased border crossings and humanitarian migration.
- In 2024 and into 2025, enforcement changes and policy shifts appear to have slowed growth and potentially reduced the population modestly, according to available data.
- Long-term residents make up a significant share of the population, with approximately 80 percent of undocumented immigrants having lived in the United States for five or more years as of 2023.
Which States Have the Most Undocumented Immigrants?
The unauthorized immigrant population is heavily concentrated in a handful of states, with Texas being one of the largest in the country. According to the Pew Research Center, the states with the highest unauthorized immigrant populations are:
- California: Consistently ranks first in the country with the largest undocumented population of any state
- Texas: Ranks second nationally and is estimated to be home to well over one million undocumented immigrants
- Florida: A major destination state with a significant and long-established undocumented population
- New York: Home to a large unauthorized immigrant population concentrated heavily in the New York City metro area
- New Jersey and Illinois: Round out the top six, with populations tied closely to major urban labor markets
Many undocumented immigrants in Texas work in agriculture, construction, food service, and other labor-intensive industries throughout the Houston metropolitan area and beyond.
What Is the Difference Between Illegal and Undocumented Immigrants?
The terms illegal immigrant, undocumented immigrant, and unauthorized immigrant are all used to describe people living in the United States without current legal immigration status, but they carry different connotations and are used differently across legal, political, and academic contexts.
Legal Definition
From a purely legal standpoint, an unauthorized immigrant is any foreign-born individual present in the United States without a valid visa, unexpired immigration status, or lawful permanent residence. This includes people who entered the country without authorization at a port of entry, as well as people who entered legally on a temporary visa and remained in the country after that visa expired, a group that actually makes up a significant portion of the total population.
Political and Journalistic Usage
The term illegal immigrant is most commonly used in political and law enforcement contexts, while undocumented immigrant is preferred in academic, advocacy, and many journalistic settings because it is considered a more precise and neutral description of the person’s documentation status rather than a characterization of the person themselves. Neither term has a single universally agreed-upon definition across all institutions, which contributes to confusion when comparing statistics from different sources that may be counting slightly different populations.
Implications Under Texas Law
Under Texas law and federal civil rights principles, immigration status does not determine whether a person has access to certain legal protections and remedies. Undocumented individuals can file civil lawsuits, report crimes, and seek medical care in Texas, and their immigration status is generally not a defense available to a party who has injured them. Understanding the legal protections available regardless of documentation status is one of the most important things any undocumented person living in Texas can know before they ever need to use them.
What Legal Rights Do Undocumented Immigrants Have in Texas?
Many undocumented immigrants are unaware that Texas law provides them with meaningful legal protections that apply regardless of their immigration status.
- Undocumented immigrants have the right to file a personal injury lawsuit in Texas when they are injured due to someone else’s negligence, including in car accidents, workplace incidents, and premises liability cases.
- They have the right to seek emergency medical care at any hospital, regardless of immigration status, under federal law.
- They have the right to report crimes to law enforcement without those reports automatically triggering immigration enforcement actions in most Texas jurisdictions.
- They are entitled to receive a fair investigation and legal process when involved in a civil lawsuit as either a plaintiff or a defendant.
- An undocumented immigrant who is the victim of a hit and run accident has the same legal standing to pursue a claim as any other victim under Texas civil law.
Can Undocumented Immigrants File Personal Injury Claims in Texas?
Yes, undocumented immigrants can and do file personal injury claims in Texas, and immigration status does not disqualify someone from pursuing compensation for injuries caused by another party’s negligence. Texas courts have consistently recognized that civil law protections apply to all people present in the state, regardless of how they arrived or what their current documentation status is. If you were injured in a car accident and were unsure of what to do next, understanding what to do after a car accident is the same regardless of your immigration status, and getting legal representation quickly protects your rights before evidence is lost or deadlines pass. It is also worth knowing that driving without a license carries its own legal consequences in Texas that are separate from and in addition to any immigration related matters.
Why Legal Representation Matters
Navigating the Texas legal system is challenging for anyone, and for undocumented immigrants, it can feel particularly intimidating given the additional concerns about exposure and vulnerability that immigration status can create. An experienced attorney understands which legal protections apply regardless of immigration status, how to pursue compensation effectively, and how to handle a case in a way that protects the client’s interests at every stage of the process.
- Evaluates the strength of your personal injury claim based on the facts of the case, regardless of immigration status
- Handles all legal filings, negotiations, and court appearances on your behalf
- Protects you from insurance companies and opposing counsel who may attempt to use your status to reduce or deny your claim
- Advises you on your full range of legal options so you can make informed decisions throughout the process
- Fights aggressively for the compensation you are legally entitled to under Texas law, and if your situation also involves criminal charges, a criminal defense attorney near me can advocate for your rights in that matter as well
Get Legal Help Today
If you or someone you know has been injured in Texas and has questions about legal rights, regardless of immigration status, The Law Office of Michael Bates is here to help. Every person injured through someone else’s negligence deserves access to experienced legal representation and a fair opportunity to pursue the compensation they are owed under Texas law. Contact The Law Office of Michael Bates today for a free consultation and let our team evaluate your case, explain your options, and fight for the outcome you deserve.