In the political news and media discourse, immigrants and immigration have often been framed in a way that does not highlight the immense contributions immigrant communities make to cities and towns across the United States. Language regarding “criminals invading” the U.S. and “stealing American jobs” is a narrative that we’ve seen play out time and time again, whether from news outlets or politicians themselves. The use of this language develops a public perception that is harmful and damaging to immigrants and their communities, and ultimately affects the way the public votes.
Donald Trump Referring to the Alien Enemies Act
In a recent speech, Donald Trump referenced the Alien Enemies Act, a law that dates back to 1798, which allows the government to detain or deport non-citizens deemed a threat during wartime. By invoking this act, Trump played into the narrative of immigrants as potential “enemies,” reinforcing an “us vs. them” story that can incite fear and division. This rhetoric plays into a broader strategy of appealing to a segment of the electorate that supports stringent immigration policies and creates a context in which immigrants are viewed through a lens of suspicion rather than as individuals contributing to society. Such language risks legitimizing harsher treatment and fosters a climate of hostility towards non-citizens.
History of the Use of “Alien” in Legal Context
The term “alien” has a long history in U.S. immigration law, tracing back to foundational legal texts. The Immigration and Nationality Act of 1952 defines “alien” as “any person not a citizen or national of the United States.” This term has faced significant criticism for its dehumanizing implications, suggesting that non-citizens are fundamentally different and subhuman. Its usage has often correlated with legal restrictions on rights and privileges, contributing to a narrative that marginalizes those who do not share the status of citizenship.
A Shift to “Noncitizen”
In April 2021, the Biden administration actively sought to replace the term “alien” with “noncitizen” in official communications. This shift is not merely symbolic; it is part of a broader strategy aimed at fostering a more inclusive and respectful discourse around immigration. As President Biden stated, “The way that we choose to communicate is critical to enforcing the nation’s laws while respecting the humanity and dignity of those individuals with whom we interact.” By using “noncitizen,” the administration acknowledges the inherent dignity of all individuals, regardless of their immigration status, and aims to promote a more equitable approach to immigration policy.
Why This Shift is Significant
The terminology surrounding immigration carries profound implications. The transition from “alien” to “noncitizen” represents a significant ideological shift in how the United States legal system approaches immigrants. It signals a move toward a more humane framework that seeks to dismantle the divisive language that often accompanies immigration discourse. This change extends beyond word choice; it shapes public perception and informs the treatment of immigrants in both legal and social contexts. The American Immigration Lawyers Association studied how this shift is linked to better outcomes for immigrants.
“Interestingly, across all three circuits, the term “noncitizen” was associated with more favorable outcomes for immigrants, particularly in published decisions where language is more carefully chosen. In fact, overall, 54.5% of successful published cases used the term “noncitizen,” compared to just 18.2% using “alien” and 27.3% using none of the terms we tracked. Judges who used “noncitizen” in these published rulings were three times more likely to rule in favor of immigrants than those who used “alien.”“
Conclusion
As the dialogue surrounding immigration continues to evolve, the language we employ is of utmost importance. Trump’s recent comments remind us of the contentious nature of immigration rhetoric, while the Biden administration’s shift to “noncitizen” marks a progressive step toward a more respectful and inclusive discourse. Understanding the historical context and significance of these linguistic changes is crucial for fostering a more informed and compassionate discussion about immigration in the United States.
For those navigating the complexities of the immigration process, McEntee Law Group is here to assist you in understanding your rights or any issues you may have with your case. Contact us for guidance on immigration matters by emailing info@mcenteelaw.com.