What the Term “Illegal” Means for Undocumented Immigrants
The word "illegal" has become a buzzword in modern immigration discourse, a common way of describing someone who has crossed the border into America without papers.
The term is typically used to refer to a whole person, not a person's legal status, and so it therefore implies that the person themselves is not a viable human being, thus not entitled to any human rights protections.
Image via thoughtco.com
The term "illegal immigrant" was first coined to describe Jews fleeing during the second world war. "How can a human being be illegal?" asked the writer and Holocaust survivor Elie Wiesel, pinpointing the contradictory nature of the term. In 2017, journalist Maria Hinojosa riffed on Elie Wiesel's description of illegality, stating that "Because once you label a people 'illegal,' that is exactly what the Nazis did to Jews.' You do not label a people 'illegal.' They have committed an illegal act. They are immigrants who crossed illegally. But they are not an illegal people."
Image from Time
Being labeled as illegal has severe consequences for those who fall under the term's shadow. An "illegal" immigrant cannot demand raises or report human rights abuses at work. Undocumented immigrants face the double pressure of fear of being sent back to where they came from and fear of being 'found out' in their new nation.
The majority of migrants labeled as "illegal" are actually doing work for low wages, and provide services while demanding nothing in return. In practice, their work is similar to mass incarceration, which keeps whole segments of the population out of sight while they perform unpaid labor and are unable to exercise their civil rights.
In the novel Dear America: Notes from an Undocumented Citizen, the Filipino journalist Jose Antonio Vargas outlines the unique stresses and pains that come with living as an undocumented civilian. "This book is about homelessness," he writes, "not in a traditional sense, but the unsettled, unmoored psychological state that undocumented immigrants like me find ourselves in. This book is about lying and being forced to lie to get by; about passing as an American and as a contributing citizen; about families, keeping them together and having to make new ones when you can't. This book is about constantly hiding from the government and, in the process, hiding from ourselves."
Vargas, a successful reporter, came to the US at eight and discovered he was undocumented at age 11; what followed were decades of trying to hide his status until he finally spoke out and became one of the most famous undocumented citizens in the public eye.
Image via Mother Jones
Every single migrant's story is different, and for many people, speaking out is not an option. Many people have to work, to support families or relatives at home, and cannot risk "coming out" as illegal like Vargas.
Image via CNN.com
Studies have found that undocumented immigrants—especially those of Latinx descent—are especially at risk of mental health disorders due to the unique combination of trauma and secrecy that often plagues their journeys to the United States. As Warsan Shire writes in her stunning poemHome, "how do the words / the dirty looks / roll off your backs / maybe because the blow is softer / than a limb torn off." Although living in an America that calls them "illegal" is preferable to remaining in their native countries, many migrants have written about the psychological impacts of living in constant fear, and of being "found out" on American soil.
Bigotry and xenophobia may be better alternatives than the violence that many migrants faced at home, but defining groups of people as "illegal" is a convenient way to strip human beings of their humanity, the very thing that lies at the heart of the United Nations' Declaration of Human Rights. Peoples who are in flux are especially at risk of getting lost, as official laws refuse to help them; outside of the light of official regulations, people are quite literally disappearing, slipping into the cracks between policy and legal protection.
Image via thoughtco.com
Keeping people in the subterranean realms of the criminal justice system or beneath the umbrella term of "illegal," is the result of a cycle that relies on many elements that work to perpetuate it. Xenophobia is one of the important steps that keep this cycle in place. A pervasive distrust of foreigners is a way of creating divisions and continuing cycles of disadvantage. Human rights abuses happen when human beings become faceless, anonymous, and stripped of recognition and legal protection. Rejecting and silencing people because they are so-called "illegal" even if it is not consciously spoken, is a way of selectively subjugating certain voices.
Of course, America has never been open to all migrants. This nation has a history of drawing non-white migrants to it when it needed labor—such as with the Chinese in California during the building of the railroads in the 19th century—and sending them home via acts like the Chinese Exclusion Act once the work was completed. This nation has a history of silencing certain groups, making it so they have no chance to even take a crack at the American dream.
Everyone is allowed to use language to express their beliefs—that's one foundational premise of the American experiment that everyone can agree on (though of course in practice it gets more complicated). Language is always political, and the word "illegal" carries powerful implications that it should at least be understood, not thrown around as an abstract umbrella term.
Eden Arielle Gordon is a writer and musician from New York City. Follow her on Twitter at @edenarielmusic.
White House to Deny Green Cards to Immigrants on Public Benefits
There's longstanding precedent in federal law for denying resident status to immigrants deemed a "public charge," meaning they are a potential threat to the economy. The new proposal is the first time healthcare and other non-monetary benefits are being targeted. Previously, limitations were only placed on those receiving cash benefits.
"Under long-standing federal law, those seeking to immigrate to the United States must show they can support themselves financially," said Department of Homeland Security Secretary Kirstjen Nielsen in a statement. "This proposed rule will implement a law passed by Congress intended to promote immigrant self-sufficiency and protect finite resources by ensuring that they are not likely to become burdens on American taxpayers."
Department of Homeland Security Secretary Kirstjen NielsenJabin Botsford/The Washington Post via Getty Images
Millions of immigrants rely on public assistance for necessities such as food and shelter, and the updated rules could force a difficult decision between accepting help and applying for a permit to work and live in the U.S. legally. Older immigrants who rely on low-cost prescription drugs provided by Medicare may be particularly vulnerable, according to the New York Times.
Trump's administration reports that the regulation is not intended to target those already with green cards and will only affect 382,000 people per year. Advocates worry legal immigrants will stop using public benefits to protect themselves.
In response to the news, the American Civil Liberties Union tweeted:
This move by the Trump administration is a new attempt to kick and keep immigrants out of our country and attack people with disabilities, including people with HIV and those who are enrolled in the Medicaid program.https://t.co/SsKkQNC9Qu
— ACLU (@ACLU) September 23, 2018
The proposed regulation comes less than six weeks before the U.S. midterm elections and must undergo a public comment period before it can be implemented.
Joshua Smalley is a New York-based writer, editor, and playwright. Find Josh at his website and on Twitter: @smalleywrites.
How to Become a U.S. citizen: Immigration 101
Photo: Andrew Schultz
Pre-naturalization
The first step on the road to U.S. citizenship is applying for an immigrant visa. A sponsor (such as a family member or employer) can file a petition on the applicant's behalf. Eligible applicants can also file on their own behalf. This first application could be for conditional legal residency, a temporary permit to live in the country (and work if the visa allows it). For potential students, an F1 visa allows a nonresident to attend school in the U.S. It's worth noting that, although they are not permanent residents and might not be allowed to work off-campus, international students must still pay federal and local taxes. An F1 visa costs up to $400.
A person with a sponsor can apply for permanent residency and the ability to live and work in the U.S.—their green card. Permanent residents are protected by the law but do not have the rights to vote or hold a U.S. passport and can be subjected to deportation hearings. Permanent residence is a requirement for naturalization: after five years of residence, a person can apply for citizenship. If the person has a spouse who is a U.S. citizen, the necessary length of time drops to three years. An application for permanent residence can cost over $1,000.
Photo: U.S. Government
The naturalization process
To begin the naturalization process, a person has to demonstrate their five (or three) years of "continuous" permanent residence as well as physical presence in the U.S. during that time. If they are married to a U.S. citizen, they must, basically, prove their love through bank statements, proof of shared residence and other official documents that show the U.S. Citizenship and Immigration Services (USCIS) that their relationship is real.
In addition to proving the proper term of residence, an applicant must be at least eighteen years old to fill out the N-400, the application for naturalization. The applicant must then live continuously within the U.S. from the date of their application until the time of their naturalization. By that time, they must also be able to read, write and speak English and be knowledgeable in U.S. civics: history and government. Qualifying service in the U.S. armed forces might also accelerate the process. Finally, the applicant must "be a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during all relevant periods under the law."
The Form N-400 asks for pretty much all of the information concerning who the applicant is, where they're from, where they've lived and traveled and how they've acted as a person. It asks: "Have you EVER been a member of, or in any way associated (either directly or indirectly) with: A. The Communist Party? B. Any other totalitarian party? C. A terrorist organization?" Also: "Have you EVER advocated (either directly or indirectly) the overthrow of any government by force or violence?" And: have you ever worked for the Nazi government? An applicant should answer no to these questions on the form and in the interview; no amount of comedic skill will earn a laugh from USCIS officials.
Following the application and its filing fee of $725, the U.S. requires a biometrics appointment to take fingerprints. The applicant will also need to have their vaccinations up to date or administered by an approved doctor. A person should expect delays and errors in the complex network of forms and appointments but should not lose hope: the system is thorough but that does not mean it is efficient. Altogether, the minimum price of naturalized citizenship will be no less than $2,100; it will likely be more, especially if lawyers are necessary.
Photo: Grand Canyon National Park
Now what?
Finally, a decision will be made. If the application is accepted, the new U.S. citizen will have to surrender all previous visas and pledge an ominously-titled Oath of Allegiance to the United States. At a naturalization ceremony, they will receive their naturalization certificate and officially become a citizen of the U.S. This makes them eligible to hold a U.S. passport, vote in elections and serve on juries.
Jury duty might not be the top selling point for the long and expensive naturalization process but sharing equal rights and privileges with the citizens of the country in which a person wishes to spend their life is certainly worth it.
