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AVOID THE PHRASE "ILLEGAL" IMMIGRANTS

by Leo E. Laurence, J.D., Member: San Diego "Pro" chapter; Member: National Committee on Diversity

      Both national and local media regularly refer to undocumented immigrants as illegal immigrants, or the most inflamatory phrase, illegal aliens (as if they came from another planet). Both are wrong, as a matter of law.

      The phrase illegal alien was popularized by the anti-Latino organization, the "Minutemen," who conduct their seemingly racist operations along our border with Mexico.

      In America, our federal Constitution guarentees that all persons are considered innocent until proven guilty in a court of law. This is an important, fundimental principal of the criminal-justice system in our English, common-law system of jurisprudence. It is one of the reaons that we fought the Revolutionary War.

      In those countries that use the Civil Law system of jurisprudence, which dates back to the Roman Empire and the Napoleonic Code, a person is guilty until proven innocent.

      The burden of proof distinguishes the two systems of criminal law. In our English common-law, the burden is high for prosecutors to prove a criminal suspect is guilty of a crime (beyong a reasonable doubt). In Civil Law countries, the burden on the suspect is light to prove their innocence.

      Mexico has historically followed the Civil Law system of criminal justice. Only very recently, however, did the federal Mexican government in Mexico City revise its Criminal Code to match our English common law. Persons in Mexico now are technically innocent until proven guilty.

USE OF THE WORD "ALLEGED"

      Most professional journalists will use the word "alleged" when referring to a person charged with a crime, but not yet found guilty by a court of law. For example, we say a criminal defendant is an alleged murderer when writing a story.

      It is strange, therefore, that reporters today will commonly write that undocumented immigrants are illegal, when the alleged crime is a non-capital offense. In other words, we treat alleged murders more cautiously than we treat immigrants.

      Perhaps part of the reasons is because of the influence of anti-Latino groups such as the Minutemen.

      It may also be because it is useful for some politicans to use controversial, emotionally-charged words in campaign speeches to fire up their constitutents. This is particularly true for those who represent congressional districts near the Mexican border, such as Congressman Duncan Hunter and his candidate son.

      They like to fan the flames of prejudice as political ammunition because many in their districts share their attitude against undocumented immigrants (illegal aliens).

      It seems that many in America (spelled Amerikkka in the late 60s) have a need to hate someone. Early in our nation's history, many hated the colored people (niggers) so much they lynched them on trees. Some, today, unfortunately still dislike African-Americans.

      As homosexuals began coming out-of-the-closet in the late 60s and launched the now world-wide Gay-Lib movement in San Francisco, many homophobic people hated Gays. Some radical, evangelical churches even came up with the phrase, "Kill a *** for Christ."

      That homophobia has significanly declined in recent years, particularly among young people. Indeed, the Califolrnoa Supreme Court on May 15th joined the State of Massachusettes in legalizing gay marriagtes. But, homophobia remains strong and an amendment to the state constitution to overturn the state's high-court ruling will be on the November ballot. It's chances are mixed.

      While many still hate African-Americans and Gays, the new target of hatred today is Latinos, legal and/or undocumented.  If you've got brown skin, many believe you are ipso facto an illegal alien and "should go back to where you came from."

      Words can be far more powerful than a sword!

      Journalists, therefore, have a special duty and obligation under our S-P-J Code of Ethics to choose their words carefully.  They must avoid fanning the flames of prejudice and racism by referring to undocumented immigtrants as illegal aliens or illegal immigrants. Besides, it's contrary to the law.

      Newsrooms ought to take affirmative steps to issue official policies that nobody can be called illegal, unless a court of law has so ruled.

      Journalists are not politicans who are trying to exploit the racist feelings of some constituients in an election campaign by regularly repeating the phrase, illegal immigrants.

__________________

For comment, contact Leo Laurence at (619) 757-4909 or at leopowerhere@msn.com

Published Monday, June 23, 2008 11:57 PM by LeoLaurence

Comments

# re: AVOID THE PHRASE "ILLEGAL" IMMIGRANTS

Wednesday, June 25, 2008 1:15 PM by redneck
This is one of the most misguided articles I have ever come across, and it frightens me to think this is a "guideline" for journalists in the US.  Actually, as I ponder this silliness, I begin to understand the diminishing role of journalists in our society.  It is sad, because journalists are important.  But if this is the direction you're heading then you can expect further marginalization of your profession.
To summarize the main point:  many people still hate, so it is jornalists' "duty and obligation" to help cure society.
Secondary point summarized:  people are innocent until proven guilty, so the term illegal does not apply.

These are both pure poppycock, backed up wtih vague references and bad law.  A journalist's duty and obligation is to investigate and report.  By imposing sensitivity requirements you restrict your ability to cover challenging topics.  Period.  Continue with these sensitivity guidelines and you will continue to bore people and cover dull topics (marginalize your profession).
Secondly, I expect more from an ethics guideline for the Society of Professional Journalists than "many people hate" and stereotyping entire organizations as "racist" and "anti-latino" (how are the Latino members of the Minutemen anti-latino?).  These are the worst sort of vague generalizations:  inaccurate ones.
Continue to give a platform to authors like Mr. Laurence, and surely the marginalization of your profession will continue it's rapid march forward.

# re: AVOID THE PHRASE "ILLEGAL" IMMIGRANTS

Wednesday, June 25, 2008 1:46 PM by redneck
My apologies, but in my fit of emotion I forgot to discuss the secondary point of the piece -- that people are innocent until proven guilty.  True.  No argument here.  However, if I'm in my car and throw my empty fast food bag and drink onto the street, am I not commiting an illegal act?  If it is illegal to have brown hair, and I have brown hair, am I not breaking the law?  Let us not confuse commiting an illegal act with a justice system proving you guilty of a crime.  These are two different standards.  A person speeding in a school zone is, in fact, speeding illegally.  Whether that crime is justified or punishable -- or whether that person should even be found guilty -- is a standard the justice system must manage.  But the fact they have broken the law is without dispute.  Likewise an immigrant in this country illegally is an illegal immigrant (the term "alien," I agree, is unnecessary).
The sensitive language you propose is a twisted attempt to excuse their crime, and it is a distortion of the responsibilities of a credible journalist.
But, by all means, continue on your merry way.  Pretend that you're doing your profession a service, and that you're helping cure society of the problems you have identified.  You are hastening your own demise.

# re: AVOID THE PHRASE "ILLEGAL" IMMIGRANTS

Thursday, June 26, 2008 12:19 AM by Greenhorne00
You are doing precisely the same thing that you are warning against when you refer to the Minutemen as "Anti-Latino".  I doubt very seriously that the Minutemen would consider themselves to be anti-Latino.  They only claim to be against illegal immigration.

While I may reluctantly concede the use of the word "Allegedly" when describing a documently challenged immigrant. Clarity is much more important than fairness.  And, since you object so much to the term "Illegal Alien" let me reference the definition of the term illegal and alien for you:

Illegal:
adj.  
Prohibited by law.
Prohibited by official rules: an illegal pass in football.
Unacceptable to or not performable by a computer: an illegal operation.

n.   An illegal immigrant.

Alien:
1. a resident born in or belonging to another country who has not acquired citizenship by naturalization (distinguished from citizen).  
2. a foreigner.  
3. a person who has been estranged or excluded.  
4. a creature from outer space; extraterrestrial.  
–adjective 5. residing under a government or in a country other than that of one's birth without having or obtaining the status of citizenship there.  
6. belonging or relating to aliens: alien property.  
7. unlike one's own; strange; not belonging to one: alien speech.  
8. adverse; hostile; opposed (usually fol. by to or from): ideas alien to modern thinking.  

Source: Dictionary.com, taken from the Random House unabridged dictionary.
(Other sourcing can be obtained from their website.)http://dictionary.reference.com/browse/alien
                       
Doug Rowland
Plano, TX

PS: Before you call me Anit-Latino, I'm married to a "Latino" AKA a Mexican.  She is not afraid to be described as a Mexican. It's not a dirty word.

# re: AVOID THE PHRASE "ILLEGAL" IMMIGRANTS

Thursday, June 26, 2008 12:35 AM by vxworksjrm
Some misspellings and improper usage:

Para 5:

(--beyong-- a reasonable doubt).

Para 8:

--murders-- should be murderers

Para 14:

--Califolrnoa-- Supreme Court

also marriage, immigrants, Massachusetts  

Please use a spell checker, it will make your articles look more professional and easier to read.

I don't see your point about not using the term illegal alien.  Illegal means forbidden by law or statute  (http://dictionary.reference.com/browse/illegal)  and alien means a resident born in or belonging to another country who has not acquired citizenship by naturalization (distinguished from citizen). (http://dictionary.reference.com/browse/alien).  Dictionary source chosen by first google link that came up.  An illegal alien is someone who is not a citizen and is in a country without its permission.  Therefore using strange (unusual, extraordinary, or curious; odd;    http://dictionary.reference.com/browse/strange) in the following paragraph is incorrect:

It is strange, therefore, that reporters today will commonly write that undocumented immigrants are illegal, when the alleged crime is a non-capital offense. In other words, we treat alleged murders more cautiously than we treat immigrants.

I am not sure where capital or non-capital offense comes into play.  If I make an illegal U turn, I am an illegal U turner.  It doesn't matter if it is a capital offense or not.  Also,  if I deny performing an illegal U turn, then of course I am an alleged illegal U turner until found guilty in a court of law.  If someone is referring to a class of people who are not citizens, and do not have permission to be in the country, they are in fact illegal aliens.  As this is the definition of an illegal alien.  If you were to refer to an individual, as an illegal alien, and they have not admitted this to be the case nor been found guilty of this offense then I guess one would refer to them as an alleged illegal alien.  A possible reason that murderers are treated more cautiously than illegal aliens is that rarely is there incontrovertible proof that someone has committed a murder, while proving someone is an illegal alien is relatively easy.  Either they are on the books or they are not on the books.  Of course there is the case of the 100 year old woman from Louisiana (age and state are to the best of my recollection) who predates written records, doesn't have a driving license nor a birth certificate, but it would be reasonable to conclude that these cases are rare.

J Moore
Virginia

# Revealing guidelines from the Society of Professional Journalists « Seeing Red AZ

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