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12/15/2009
Burri: Is ‘undocumented immigrant’ accepted legal jargon now?
Via Gabriel Malor at Ace of Spades HQ, Justice Sonia Sotomayor used the phrase "undocumented immigrant" in her first published decision.
Apparently, the justices have previously used the more accurate terms "alien not lawfully present in the United States" or "illegal alien." But in her very first published decision as a Supreme Court justice, Sotomayor went with the technically inaccurate but politically correct euphemism "undocumented immigrants."
Gabriel finds Justice Sotomayor's grasp of legal terminology…unsatisfying.
Let's discuss.
“Undocumented immigrant” is, in all honesty, just as accurate as “illegal immigrant” if the person under discussion is an immigrant – coming to stay, at least for a long while; and without having obtained the proper permission, which would take the form of certain documents.
But there are two problems there. First: "undocumented" doesn't cover the whole wide gamut of illegals. As Gabriel writes:
…many of those we think of as "illegal aliens" are not actually "undocumented." Like I just wrote, many of them entered with temporary, non-immigrant visas which they later violated. They have documentation. It's just not documentation giving them lawful status.
So “undocumented” is only a subset of “illegal.” The two terms aren't interchangable.
Second – and I might not be on perfect legal ground, here, which will put me on equal terms with Justice Sotomayor – the term "immigrant" implies some sort of official status. To emigrate is an actual, legal thing, with paperwork and signatures and file cabinets and forms filed in triplicate. By that interpretation of the word “immigrant,” therefore, the phrase “illegal immigrant” is colloquially acceptable but literally redundant. If you're here illegally, you are by definition not an immigrant.
You're an alien.
Okay, but wait a minute: to most Americans, the word "alien" implies a big-eyed artichoke-headed glowing green guy with suction-cup fingertips who mutilates cows and, in his spare time, walks through cornfields with plywood on his feet. Maybe eats a few Reese's Pieces. Destroys all our cities with giant tentacle-legged robots.
So when the attractive brunette with the pixie cut appears on ginormous TV screens in the sky to tell us they're here to help, we're going to…ask to see her green card?
Am I being ridiculous? Am I? Any life form arriving here from another planet will fit the generally accepted definition of “illegal alien” no matter what. Does anyone deny the potential for some hidebound D.C. bureaucrat to make that leap? Do we really want the INS to be the lead agency on an alien invasion or visitation?
I don’t think so.
Well, okay, so what about “native human beings in certain circumstances?” Too vague? Yeah, okay. We could go with that phrase Gabriel mentioned: “alien not legally present in the U.S." But, boy, that doesn't exactly roll off the tongue. Leave the lawyerspeak to the lawyers, I say.
Personally, I like “international trespassers.” That seems accurate, doesn't it? You come home to find somebody rooting through your refrigerator, camped out on your couch. He's not an "illegal visitor," is he? An "illegal entrant?" No, he's a trespasser.
Illegal immigrants are really just that: trespassers. International trespassers.
How about an adjectival phrase like "criminally immigrant," or "criminally alien?" See, you're creating a new subset of "immigrant" and "alien" there. You could even shorten those to "crimmigrant" and "cralien," if you wanted. Okay, maybe not "cralien." Sounds like a brand of fruit juice. Still, these terms at least emphasize the criminal status, yet differentiate between someone here illegally who means to stay, and someone here illegally just for the weekend. "Crimmigrant." Think it'll catch on?
Originally posted on Right Wing News. Lance Burri blogs regularly via his site, The TrogloPundit.
COMMENTS
How about: "Employer induced pawn"? at least that name recognizes the vast majority of the "illegal aliens" or "undocumented immigrants" for what they are, pawns between employers who want the labor and vast swaths of the American public who like the benefits of low prices but not the illegal status of the workers nor the problems (real or imaginary) that they bring.
dave allen (Tue Dec 15 07:10:10 2009)
Dave cites just one example of illegals in the U.S. - the Mexicans that sneak across the border for better wages and living conditions than found in their own country. I usually break these down into three classes (all illegals):
1. The 'frat boys." Those who come here to work for a landscaper or roofer, party, get drunk, drive someone else's car and kill innocent residents of the U.S. They sometimes involve themselves in other major violations of our laws that injure and kill innocent women and children. We need to jail and/or export these clowns without delay.
2. The 'welfare queens.' The come to this country and very quickly find the pot at the end of the rainbow, which begins at the door of the H&HS Office, or at the emergency room on the way to the maternity ward. These illegals are very expensive, but don't normally cost any American lives. They need to be sent back home, with their 'anchor baby,' right after the 'frat boys' leave.
3. The 'poor, wretched, downtrodden yearning to breath free.' If ever I had any sympathy in my heart for people in my country illegally, these folks get it. They work, earn money (which they send back to Mexico), and they DO contribute to our society. They could make a case for earning amnesty and becoming American citizens.
And finally, don't be fooled into thinking all our illegals are Mexican nationals. The insidious illegal immigration that will ultimately spell the end our our country isn't the primarily Roman Catholic Hispanics - it's the Islamic Muslims. You'll never hear an Hispanic shout, "Hail Mary full of grace," as he's shooting at a room full of unarmed people; you'll never hear a Lutheran from Canada shouting, "Jesus Christ is da best," as he's detonating a car bomb. We've all heard the term, "Allahu Akbar" somewhere though, haven't we?!
Europe is already in the throes of massive Islamic immigration, and it's estimated that by 2050 the population of America could be almost 25% Muslim. I'll let our readers draw their own conclusions about whether or not controlling our borders is, or is not, a wise and prudent thing to do.
P.S. - To the liberal Democrats who happen to read this: As long as I'm alive illegals will NEVER be allowed to vote for you or anyone else in my country!
Duke (Tue Dec 15 08:57:14 2009)
Holy Cow! Duke I think you have to check your facts and your conscience especially about your wild targeting of Muslims. Remember it was Timothy McVeigh who killed 165 people a few year ago. he was in service of a loose conspiracy of like minded nut jobs who believed the government put microchips in their butts. Remember that Hasan was not an immigrant but was born here? And Hasan is a nut job also but apparently not the nut job of a religion you know anything about. I think immigrants (both legal and otherwise) also come here for the freedoms we enjoy, freedoms that if you were dictator you'd probably have no trouble taking away. You're a scary dude.
dave allen (Tue Dec 15 15:35:47 2009)
They are aliens. Before Hollywood termed some "beings" from space as aliens, there were persons from foreign countries who were aliens.
They are from foreign lands and in the United States illegally. They are illegal aliens. They are foreigners and they are in the United States without authorization (i.e. illegally).
They are not citizens and they have no reason or right to be in the USA legally!
Janice Taylor (Tue Dec 15 21:27:11 2009)
"Undocumented" means nothing. A person can buy or forge documents. It is done frequently.
What is important is "legal" or "illegal."
(Tue Dec 15 21:29:34 2009)
Every nation has the right--and duty-- to make immigration laws based on its own self interest. The USA has such laws.
Because the USA is perceived as wealthy, with a relatively-healthy job market and growing social welfare program, interest groups wish to take advantage and run roughshod over our immigration laws. We want to avoid this. It imperils our laws, institutions and well-being--to which we have every right.
Janice Taylor (Tue Dec 15 21:36:01 2009)
"Undocumented immigrant" is not an accurate term.
They are not "undocumented" and not "immigrants."
They are "illegal" and they are "aliens."
(Tue Dec 15 21:38:19 2009)
"Holy Cow! Duke I think you have to check your facts and your conscience especially about your wild targeting of Muslims."
Sorry Dave, but my conscience is just fine. Everywhere Muslims inflict themselves they cause murder and mayhem. They think you are an 'infidel' and deserve to die, just because you (I assume) believe in Christ.
Tell me something Dave, what has the Muslim 'religion' contributed to our society besides hate and murder; What makes them better than McVeigh?
Duke (Tue Dec 15 23:44:31 2009)
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