Is "Illegals" a Pejorative?

 

On the political Right, undocumented immigrants are referred to as "illegals," while the Left prefers "undocumented." The Right's point is that if people cross the border illegally, they are thusly "illegals." It makes on paper-sense. But, it is at the same time a means to other. In other words, "illegal" is not merely a term for a status, but has become a pejorative. What that means is that using the word dehumanizes people into a single lump category. I have heard more than one friend refer to the undocumented as illegals and in so doing have lumped people who actually stopped at the borders into a broader class. They have included into a single group any migrant at the border, including those who crossed and were detained and those who made legal contact and are merely present at the border. The numbers under the Biden administration are near 5 million. Not all crossed, so not all are technically "illegal." Some 1.2 million did escape detection or capture and are legitimately in violation of laws on crossing, but most either were never technically illegal or their status changed depending on how they were subsequently processed.

Also lumped into the "illegal" category are those who have been granted asylum application status. Many of these folks came from countries that have no diplomatic ties with the U.S., so we can't simply deport them home. For those who have a claim, as they await immigration court dates, they have been given access to the U.S., so long as they check-in weekly and meet their court dates. And if they file the appropriate paper work, they can get jobs and establish a degree of fiscal independence. Even if they crossed illegally to begin with, as an asylum applicant, they fit into a legal and presently documented category. So, when we hear of "illegals" being bused or flown around the nation, it's inaccurate.

It is also inaccurate because it is not actually a crime to be in the U.S. without documentation. It is not punishable by imprisonment, so it is a civil matter or an infraction. This was reconfirmed by the Supreme Court in Arizona v. United States, when Arizona wanted to expand their law enforcement powers to arrest undocumented migrants criminally. The truth is that deportation or temporary allowance to stay are the only options for these cases, not criminal arrest. If we can't deport, as in cases like migrants from Venezuela, then a temporary stay and immigration court date are set up. They are not "illegal" in any criminal sense. Essentially, they have received a fix-it ticket. 

Now, crossing the border without documentation is considered illegal as a misdemeanor. It still usually has deportation as an end goal, but there may be jail time before hand and even permanent prohibition on migrating in the future. The illegality of crossing was initiated in a 1929 act by Sen. Coleman Blease, who was an avowed white supremacist. He introduced the bill as a means to control Mexican entry, based on race. The law was even titled racially as the "Undesirable Aliens Act." It made crossing a misdemeanor punishable by 1 year of prison if a person crossed between checkpoints. In 1952, the provisions of the act were adopted into a new Immigration and Naturalization Act, but reduced the punishment to 6 months in jail. Subsequent illegal crossings would result in felony convictions and possibly permanent banishment from US soil. Interestingly, these laws were usually handled civilly up until 2004, because most crossers were not malicious. 

So, we need to be better with our language. Illegal immigrant really only pertains to those who crossed between stations and were not granted asylum, asylum application, or refugee status. If a person is charged, then they are being handled as illegal, but most people are just deported because of the tie-ups in immigration courts. They may have crossed illegally, but unless charged, they are not in fact illegal (due process still counts), nor are those who have been given other provisional status. The only rationale for maintaining the term is to blanket-approach groups as undesirable and so, "illegal" is in fact a pejorative.