Previously in this series, the belief that illegal immigrants are an invading horde of violent criminals and gangsters was analyzed and revealed to be a fictional narrative. Having defined what they are not, the next few articles in this series will explore who unauthorized immigrants are in reality. In today’s entry, the proper context is provided for a genuine understanding. Basic immigration terms are defined. The variety of ways in which unauthorized status is attained are also briefly described, as are the distinctions between illegal entry and residence. The three most common terms used to describe unauthorized immigrants are also compared and contrasted, as are the implications of their use.
So, what is an unauthorized immigrant? To summarize Title 8 of the US Code on immigration law, it’s a person who is not a US citizen or national who has entered or resided in the United States without the correct legal documentation or authorization to do so.[1] While many emigrate from central and south American nations like Mexico, Venezuela, and Guatemala, many others emigrate from elsewhere in the world, including throughout Asia, Europe, Africa, and Australia. There are several ways one can illegally enter the US. Those who bypass the legal ports of entry by crossing the southwest border between them are included among them. Many do enter the US through legal ports of entry, but either bypass immigration inspection, lack the required documentation, or either fraudulently or misleadingly represent themselves and their documentation to obtain entry.[2],[3] Not all unauthorized immigrants illegally enter the US, however. The majority of them (62%) in fact have legally entered the US, and by air travel slightly more often than through ports of entry along the border. They’ve even legally resided here with temporary visas, becoming unauthorized by overstaying their visas (i.e. letting their visa status expire while remaining in the US).[4] Entering the US illegally is a criminal offense (a misdemeanor). It can result in a $250 penalty and/or up to six months in prison for the first offense, or more for repeat offenders.[5] However, living in the US without legal immigration status (i.e. the majority visa-expired residents) is a civil offense and not a criminal one, the consequence of which is removal from the US.[6]
There are three common terms used to name the unauthorized. One of the more prevalent is “illegal immigrant.” A brief Google search or watching 15 minutes of Fox News clearly reveals this to be the favored term of conservatives and conservative media. The equally prevalent term “undocumented immigrant” is instead favored by both mainstream and liberal information sources on the Internet and in the media. This distinct difference of terminology usage alone begins to reveal to us just how different the political worldviews espoused by Americans and American media are, as many cannot even agree on what to call them, much less how to regard or deal with them. A third term “unauthorized immigrant” is used less frequently. As it has the appearance of being more neutral on the conservative-liberal spectrum, this series prefers to use it. Though this series also employs illegal immigrant sometimes, it does so in order to appeal to conservatives, for whom this series seeks to particularly persuade.
For the sake of completeness, the archaic term “alien” needs to be mentioned. While not often used in common parlance, it appears throughout federal immigration law (including the cited sources, below). The term refers to “any person not a citizen or national of the United States.”[1] It’s important to know that “alien” can therefore refer to anyone that’s not a US citizen or national, and not just immigrants; it is therefore a broader term than immigrants legal and otherwise combined.
Of the three common terms, “illegal” immigrant is the least precise, etymologically speaking. What exactly can we conclude about any crimes being committed based on this terminology alone? Only that some unspecified crime or crimes were apparently committed by the immigrant. By contrast, the term “undocumented” immigrant has the advantage of being the most specific. It clearly refers to the lack of proper legal documentation required to either migrate into, or stay in, the US.[1] Referring to “unauthorized” immigrants is also more useful than referring to illegal immigrants, as it references a failure to be properly authorized to migrate into or reside in the US.[1]
To those who are not well informed about federal immigration law, it’s particularly noteworthy that using the term illegal immigrant has the effect of leaving it to the imagination to surmise what crime or crimes might have potentially been committed. Consider that murderers and rapists are examples of violent criminals. Being a violent criminal and being an unauthorized immigrant are not mutually inclusive conditions, though. Hypothetically, someone can be either one of these, both of these, or neither of these. Therefore, in calling an immigrant illegal or even criminal, do we not lump together otherwise law-abiding persons who either illegally entered or resided in the US along with violent criminals such as murderers and rapists? Consider furthermore that it subjectively does sound more foreboding to call a group of people illegals or criminals, rather than undocumented or unauthorized. Indeed, when people not well informed about the immigration process hear and believe the conservatives’ polemical narrative of marauding gangs, violent criminals, and invaders (as previously discussed in this series), it becomes quite clear that conflating unauthorized immigration with violent criminality more broadly is precisely what they’re doing. Why else would terms like illegals, criminals, murderers, or rapists be interchangeably used by so many prominent conservatives and conservative media to describe them, if not to cast a far more degenerate and sinister pall over the unauthorized than they have in fact earned?
Next time, this series wraps up the discussion of immigration terms by exploring the two legal “gray” areas of immigration law: asylum-seeking and deferred action immigration. We’ll then move on to explore the real motivations behind unauthorized entry and residence, followed by an analysis of the southwestern border wall fiasco, the real costs of illegal immigration, and more.
Sources
[1] Office of the Law Revision Counsel of the U.S. House of Representatives, 8 USC 1101: Definitions, https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1101&num=0&edition=prelim (accessed Jan. 3, 2021).
[2] U.S. Customs and Border Protection, Immigration Inspection Program, Sept. 1, 2020, https://www.cbp.gov/border-security/ports-entry/overview (accessed Jan. 3, 2021).
[3] Ibid., CBP Border Security Report: Fiscal Year 2018, March 2019, https://www.cbp.gov/sites/default/files/assets/documents/2019-Mar/CBP-Border-Security-Report-FY2018.pdf (accessed Jan. 3, 2021).
[4] Robert Warren, “US Undocumented Population Continued to Fall from 2016 to 2017, and Visa Overstays Significantly Exceeded Illegal Crossings for the Seventh Consecutive Year,” Center for Migration Studies, Jan. 16, 2019, https://doi.org/10.14240/cmsesy011619 (accessed Jan. 3, 2021).
[5] Office of the Law Revision Counsel of the U.S. House of Representatives, 8 USC 1325: Improper Entry by Alien, https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1325&num=0&edition=prelim (accessed Jan. 3, 2021).
[6] Ibid., 8 USC 1156: Unused Immigrant Visas, https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1156&num=0&edition=prelim (accessed Jan. 3, 2021).
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