Wednesday, December 5, 2018

Undocumented vs. Illegal

I have never been comfortable with the term undocumented in terms of immigration. To me it sounds like it's just a paperwork error. I have come to understand that the term illegal immigrant has fallen out of favor, with opponents saying that is dehumanizing. As near as I can tell, that doesn't apply if one uses the phrase illegal immigration or that a person entered the country illegally.

I did a quick Google search, and an article came up from the Washington Post. It helped educate me on some of the terms. Senator Kamala Harris said that undocumented immigrants are not criminals. And in a certain sense, she's right. The act of being in the country without permission is not a criminal matter, it is a civil one. But it's still a violation of law. And crossing the border illegally is a criminal offense. But technically, a person isn't a criminal until they've been convicted. So she can still say they aren't criminals if they haven't been caught. But that's pretty disingenuous in my opinion.

I came across another article from PolitiFact that further explains that the reason why immigration is a civil matter is because that makes it easier for the government to deal with. Because it isn't a criminal matter, there is no due process. The government doesn't have to provide a lawyer if the person cannot afford one. The burden is on the person to prove that they belong here, not the other way around.

But these articles are bringing up yet another term--criminality. Apparently criminal immigration is now a phrase. But these articles are basically saying that something can be illegal without being criminal, so they basically support the illegal label.

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