No human being is 'illegal'
By FATMA MAROUF
SPECIAL TO THE LAS VEGAS REVIEW-JOURNAL
Posted: Jun. 22, 2012 | 2:10 a.m.
Last Saturday, the National Association of Hispanic Journalists hosted a panel discussion on the use of the term "illegal immigrants." As a participant on that panel, I write to stress that the term "illegal immigrants" - used by the Review-Journal and endorsed by The Associated Press - is inaccurate, misleading and dehumanizing.
First, "illegal" is an adjective that describes an act, not a person. We don't call people who cheat on their taxes "illegal taxpayers" or people who speed "illegal drivers." Nor do we call people who hire undocumented workers "illegal employers."
Second, the term "illegal immigrants" erroneously suggests that anyone in the United States without legal status is a criminal. Unlawful presence in the United States is not - and never has been - a crime. In fact, Congress specifically considered this issue and decided not to make unlawful presence a crime in 2005.
Those present in the United States without legal status are subject to deportation, a civil, administrative procedure that differs from criminal prosecution. While illegal entry into the United States and re-entry after removal are crimes, about half of the undocumented population actually entered the United States lawfully.
Moreover, immigration status in the United States falls along a spectrum rather than fitting neatly into a binary of "legal" and "illegal."
For example, people granted deferred action status (like DREAMers) acquire no official status but are allowed to live and work in the United States. People with pending applications may have no status today but may become lawful permanent residents tomorrow. A victim of a crime who cooperates with the police, a survivor of human trafficking, a person who overstays a visa and then marries a U.S. citizen - all can move quickly from "illegal" to "legal" status.
And some people qualify for forms of relief, such as cancellation of removal, which only an immigration judge can adjudicate.
In other words, it is ultimately up to the judge to decide whether or not certain individuals should become permanent residents based on the length of their residence in the country, their family ties and other factors. Calling these individuals "illegal" before an immigration judge has had the opportunity to examine their cases is like calling someone charged with a crime a "criminal" before the outcome of the trial.
In short, the term "illegal immigrant" masks the myriad ways in which people routinely gain and lose legal status, as well as the gray areas in between different types of status. It is a term devoid of legal meaning and should be abandoned. The term "undocumented immigrant" better reflects how immigration status is one snapshot in time, with the camera still rolling.
The writer is an associate professor and co-director of the Immigration Clinic at UNLV's Boyd School of Law.
Poster Comment:
It's about people breaking our laws, you Kenyan a**hole