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