Thread: Insights on Immigration: labels

Insights on Immigration: labels

Written by
Elizabeth Aguilera
7 a.m., April 21, 2012

Question: What is the best term to describe people who are in the United States without permission? And why?

Ruben Barrales

Ruben Barrales, San Diego Regional Chamber of Commerce president, CEO

“Undocumented immigrant.” This term addresses those who are here without proper documentation or permission. Some enter the country unlawfully; others enter with permission but then remain beyond the terms of their visas. In order to properly enter or remain in the country, one should have documentation and go through official processes.

Words are important, especially regarding a heated political topic such as immigration. Yet, I would not spend a lot of time debating terms. What matters more is the need for comprehensive immigration reform.

Congress has the power to change immigration laws that determine who and how many people can immigrate legally, and what permissions, processes and documents are necessary. We need to develop a 21st century immigration system that helps to reduce the number of undocumented immigrants and at the same time supports and encourages immigration that will add to our economy and contribute to our society.


Peter Nunez

Peter Nunez, former U.S. attorney in San Diego

The correct term is “illegal alien.” To quote from the Immigration and Nationality Act: “The term ‘alien’ means any person not a citizen or national of the United States.”

The legal definition of “immigrant” is more complicated, but describes an alien who has been admitted to the United States with the intention of remaining permanently. Therefore, a person who comes to this country illegally or overstays a visa is an illegal alien.

Those who enter illegally are charged with illegal entry, or with illegal re-entry if they were previously deported under one of two criminal statutes. They are not charged with “undocumented” entry.

Furthermore, many illegal aliens acquire fraudulent documents after arrival.

The refusal to use the term “illegal alien” is an act of political correctness, designed to appease various political and special-interest groups, and has the effect of undermining the rule of law by attempting to make illegal entry appear to be less of a problem by calling it something it isn’t.


Lilia Velasquez

Lilia Velasquez, immigration attorney and adjunct professor of law

The appropriate term to use is “undocumented immigrant” because it is impartial, humane and the least offensive. An immigrant is a person who migrates to another country, and undocumented means the person does not have legal status at the moment.

The government’s use of contemporary language reflects this. When the Department of Homeland Security charges a person with entering without documents, the language used is “entered without inspection” rather than “entered illegally.”

In addition, the 1996 amendments to the Immigration and Nationality Act refer to people who are in the country illegally as “aliens who are unlawfully present.”

The term “illegal alien” may convey the same meaning, but it is politically charged and used primarily by anti-immigrant advocates to connote the person’s illegal status in the country. “Alien,” although widely used, is an arcane term that should be avoided.

Academics, scholars and some media have increasingly referred to people illegally in the United States as undocumented immigrants.


David Shirk

David Shirk, director of the Trans-Border Institute at USD

“People.” That’s a good start. Too often, the labels we choose are deliberately dehumanizing and divisive.

People who violate our immigration laws are of all shapes, sizes, colors and origins. Some enter the country without authorization. Others overstay their visas. Still others violate the terms of their visas, perhaps by receiving compensation for employment while on a non-salaried B-1 visa (as former governor Arnold Schwarzenegger allegedly did in the late 1960s).

The U.S. Constitution calls all foreigners “aliens.” Today the government uses the term “unauthorized resident.” The Associated Press now uses the term “illegal immigrant.” In Europe, they are called “irregular immigrants.”

I sometimes call them my neighbors, my students and even my friends. That is, I prefer not to define people by their immigration status, just as I don’t call my other friends Speeders, Serial Parking Violators or even that one guy who is a Dope Smoker (don’t be paranoid, you know who you are). Don’t get me wrong, I don’t think it is right for people to violate the law. But I also don’t think of people as uni-dimensional, nor do I think it is right to have laws that are unrealistic. Laws should reflect social norms and societal realities.

The reality confronting us today is that we have an arcane and Byzantine immigration system that leads people to become “illegal” because there are few viable alternatives for them. Ultimately, we can apply whatever label we like to these individuals, but there is just one that applies to our immigration system: broken.

Read previous Insights on Immigration:
•Insight on Immigration: the DREAM Act
•Insights on Immigration: worker visas
•Insights on Immigration: deportation reprieve
•Insights on Immigration: Should the undocumented 'self-deport'?

Insights on Immigration: labels | UTSanDiego.com

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